These are some of the most challenging and rewarding cases I have had to deal with in my professional life. It is difficult to watch the families of victims struggle through the loss of their loved ones. It is even harder to watch them attempt to find peace without first having found justice. When I work on these cases I make it a priority to ensure the comfort of the family and to keep close communications. Sometimes peace of mind can come from simply knowing that something is being done. While the situation is extremely delicate sometimes it requires an aggressive touch. I will fight for you and along side of you.
Question: What are the necessary elements in a Wrongful Death suit?
Bovan v. American Family Life Ins. Co., 897 N.E.2d 288, 292 (Ill. App. Ct. 2008)
In Illinois, to state a cause of action under the Wrongful Death Act (740 ILCS 180/0.01 et seq. (West 2006)), the plaintiff must show that: (1) defendant owed a duty to the deceased; (2) defendant breached that duty; (3) the breach of duty was the proximate cause of the deceased’s death; and (4) monetary damages resulted to persons designated under the Act.
Question: What is the governing law on Wrongful Death claims in Illinois?
740 ILCS 180 Illinois Wrongful Death Act
§ 1. Whenever the death of a person shall be caused by wrongful act, neglect or default, and the act, neglect or default is such as would, if death had not ensued, have entitled the party injured to maintain an action and recover damages in respect thereof, then and in every such case the person who or company or corporation which would have been liable if death had not ensued, shall be liable to an action for damages, notwithstanding the death of the person injured, and although the death shall have been caused under such circumstances as amount in law to felony. No action may be brought under this Act if the decedent had brought a cause of action with respect to the same underlying incident or occurrence which was settled or on which judgment was rendered.
Effective March 1995. (Learn More…)
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