If you’ve lost a loved one due to an unforeseen accident, you deserve compensation with the assistance of a wrongful death attorney. To reach a fair settlement, familiarize yourself with the legal process of filing a wrongful death action. To learn more about wrongful death law in Illinois, the following guide will cover several frequently asked questions about wrongful death. 

FAQ About Wrongful Death Law

How do I know if my situation qualifies as a wrongful death case?

To determine if your circumstances qualify, ask yourself if it was due to negligence, carelessness, lack of skill, or was the fault of an outside party. If your situation meets any of these requirements, you have a case. Some of the most common causes of wrongful death include medical negligence or medical errors, deaths caused by defective warning labels or products, and deaths that occur at work. If you’re still unsure if your case qualifies, consult a wrongful death attorney.

What is legal negligence?

The legal definition of negligence covers a failure to perform the level of care that a reasonable person would do in the same circumstances, or taking actions that a reasonable person would not. Simply put, negligence is the unreasonable action or inaction of an individual that causes physical or property damage. This includes business errors like miscalculations, such as submitting an inaccurate home inspection survey. To claim damages based off an allegation of negligence, the plaintiff must prove that the injuring party had a duty to the injured party, the defendant’s action or inaction was not what a reasonably prudent person would do, and that the damages incurred were due to that negligence.

Why do doctors and nurses get sued for wrongful death?

Medical professionals and institutions are sued for wrongful death for negligence and malpractice. Examples of this include incorrect prescriptions, preventable surgical complications, misdiagnosis, and unsanitary conditions as the cause of death of a patient. To prove medical malpractice, a physician of the same specialty as the offending physician must review the associated medical records and testify to the presence of malpractice. If your family member was the victim of medical malpractice or negligence, reach out to a wrongful death attorney for assistance.

What will I be compensated for in a claim?

There is a wide range of losses that can be applied in a claim, depending on your relationship to the deceased. To be fairly compensated you’re entitled to funds for lost wages from the decedent’s income, lost parental guidance, lost love and companionship, emotional distress, medical, funeral, and burial expenses, and other related factors.

If you’re seeking the assistance of a professional wrongful death attorney, look no further than Skinner & Associates, L.L.C. of Galesburg, IL. They will work to establish your trust while seeking reparations for personal injury, workers compensation, and wrongful death. To learn more about their practice areas, visit their website. Call (309) 343-9964 to schedule an appointment with an attorney today.