Ackerman Law Offices| Springfield, Ill.


	Ackerman Law Office, P.C. 230 West Carpenter Street Springfield, IL 62702-4940 Toll Free: 1.888.889.1977 Tel: 217.789.1977 Email James W. Ackerman

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Personal Injury: Wrongful Death<--Back to Areas of Practice

Wrongful death as a legal term is a death of an individual that was caused by the negligence, or other type of unjust action, on the part of the person or the entity being sued. The victim's survivors are entitled to monetary damages as a result of the improper conduct.

In Illinois, wrongful death actions must be brought by and in the names of the personal representatives of the victim (decedent).

Wrongful death claims are different from a normal negligence lawsuit, which is filed by the person injured for the resulting damages. Over the years, states have passed wrongful death laws that provide compensation for the surviving family and/or the estate, who may have been damaged from the death of the victim (the “decedent”). The damages recovered do not include damages that are personal to the decedent, since the decedent is not allowed by law to recover for pain and suffering, mental distress, or any other form of compensatory damages unique to him or her.

Under Illinois law the purpose of a wrongful death suit is to provide relief to family members who have been injured emotionally and financially as a result of the family member's death.

Other damages that may be recovered include:

Expenses associated with the death (medical and funeral)

Lost benefits (such as insurance)

Loss of inheritance from an untimely death

Pain, suffering, or mental anguish suffered by the survivor of decedent

Loss of companionship, care, or protection

Punitive damages (intended to punish wrongdoers and prevent them from harming others)

Wrongful Death Cases Include, but are not limited to:

Medical Mistakes

Car/Airplane Accidents

Criminal Attacks

Work-related exposure to dangerous conditions or substances

Death during a supervised activity

*The statute of limitations for a wrongful death case depends on the basis of the underlying case. Wrongful death cases often involve significant compensation for the survivors of the deceased person. It is essential that measures be taken promptly to ensure enough time to file a lawsuit prior to the deadline imposed by Illinois wrongful death statute of limitations. To make sure your rights are protected call Jim Ackerman to consult with an experienced personal injury attorney.