Goldberg & Goldberg has represented the families of the victims of wrongful death for over 40 years. Our attorneys have filed lawsuits for wrongful death arising out of a variety of circumstances including automobile accidents, construction accidents, medical malpractice, nursing home neglect, defective products, and falls due to unsafe premises.
The Wrongful Death Statute in Illinois creates a cause of action on behalf of the surviving spouse and/or next-of-kin for the economic and emotional losses suffered when a loved one is tragically killed.
For example, under the law, a surviving spouse is entitled to recover for the loss of the financial support, services, love, and affection caused by the death of one's spouse. If the person killed also left any children, each child has a similar cause of action for the loss of financial support, love, companionship, and guidance he or she received from the parent. In addition, brothers and sisters of the deceased person may also be able to pursue a claim. Additionally, the law in Illinois now allows the survivors to recover compensation for their grief.
Wrongful death cases are governed from their inception by Illinois Probate law. Probate law in Illinois sets forth certain specific requirements under which an estate may be created and wrongful death claims may be prosecuted. The estate is empowered with the right to act on behalf of the family of the deceased for the purpose of filing a wrongful death claim. This is a complex area of personal injury law. Wrongful death claims also have a survival component which is meant to compensate the deceased’s estate for the pain and suffering the deceased experienced prior to death.
A wrongful death case is maintained on behalf of the family of the deceased. The law in Illinois specifically governs who the lawful beneficiaries to a wrongful death claim might be. Once a competent administrator for the estate is established a special administration of the wrongful death estate is filed in court. At the same time the special administrator is entitled to file a cause of action on behalf of the deceased. Illinois law allows the beneficiaries of a wrongful death claim to recover pecuniary damages such as the loss of love, affection and services of the deceased, as well as grief.
Survival claims operate to compensate the family of a victim of wrongful death for the pain and suffering the deceased experienced from the time the negligence occurred until death.
Goldberg & Goldberg has extensive experience litigating wrongful death, survival and probate claims.