category: Wrongful Death
What must I prove in a wrongful death claim?
After losing a loved one in a tragic accident, the last thing you should have to think about are the legal technicalities of a wrongful death suit. With the help of dedicated and experienced wrongful death lawyers in Southern Illinois, you and your family can focus on mourning your loved one in peace while we fight to hold the negligent party responsible and get you and your family full compensation. The wrongful death lawyers of Hassakis & Hassakis, P.C. understand that your wrongful death case is a deeply personal and sensitive matter. Our compassionate and personalized approach to each person and family we serve offers legal representation you can trust and heartfelt support and counsel. If you have a wrongful death case, call us today at 618-244-5335 or contact us here.
Proving a Wrongful Death Claim
In order to have a wrongful death claim under Illinois law, certain elements must be true. To have a chance at winning your suit and make a full recovery, you must be able to prove that these elements are true in the case of your family member's wrongful death. Hire an experienced wrongful death lawyer in Southern Illinois to make your case, prove the facts of your case, argue your damages and demand compensation on your behalf. With a skilled lawyer, you can depend on them to prove your claim while you are allowed to grieve.
In a wrongful death case, you must prove:
The first element that your wrongful death lawyer must prove is negligence. For a death to be considered a wrongful death case, there must be an act of carelessness, recklessness, or negligence on the part of another party. Negligence could be something a person or organization did or failed to do that does not meet the standard of care that a reasonable individual would take.
- Duty of Care
Next, your attorney must prove that the defendant, or the person you are holding responsible for your loved one's death, owed your loved one a duty of care. Your case must not only show a duty of care, but must also prove that the defendant breached or violated this duty of care. The duty owed will depend on the relationship between the defendant and the decedent. For example, a doctor owes their patient a duty of care to provide quality medical care that does not do further harm. A driver owes all their fellow road users a duty of care to drive in a way that is safe and to follow all the rules of the road. Product manufacturers and drug manufacturers owe consumers a duty of care to produce and distribute products that are not inherently harmful to use.
To hold the defendant liable for the death of your loved one, your attorney has to show that it was, in fact, the defendant's negligence that led to your loved one's death. In other words, even if someone did something reckless or dangerous, if the decedent dies from completely unrelated reasons, that reckless actor cannot be held liable for wrongful death.
Lastly, to recover in a wrongful death claim, your lawyer must prove that the defendant's actions caused you and your family damages. This means that even if the defendant did something dangerous that could have killed someone, if it did not cause a death, there is no wrongful death claim. In a wrongful death claim, there are damages suffered both by the decedent and by their family. Your lawyer will have to prove the damages suffered by your loved one such as pain and suffering and any medical bills acquired before their death. They will also need to prove the damages that you as the plaintiff have suffered. These damages include funeral and burial costs, mental anguish, loss of companionship, loss of income and other economic and non-economic damages suffered by the surviving family members.
Prove Your Wrongful Death Claim: Our Southern Illinois Wrongful Death Lawyers
If you believe that you may have a wrongful death claim due to the circumstances of your loved one's death, contact us right away. The wrongful death lawyers of Southern Illinois at Hassakis & Hassakis, P.C. will provide passionate and personal representation for you and your family in your wrongful death claim. Our seasoned and accomplished wrongful death lawyers of Southern Illinois know exactly how to prove your claim, from collecting all evidence, presenting proof and arguing for total compensation. Speak to us about your wrongful death case today and learn how we can help you prove and win your claim by calling us at 618-244-5335 or sending us a message now.