Wrongful Death

The loss of a loved one due to someone else’s negligence is a difficult issue to address. In any wrongful death claim the court attempts to do the impossible which is put a loss of a life. We can assist you in pursuing a the loss of a family member due to someone else’s negligence.

In Illinois, the Wrongful Death Act creates a basis for pursuing a claim for the benefit of the surviving spouse and next of kin of a person who has died as the result of the negligence of another person. At Skinner & Associates, L.L.C. we have successfully pursued wrongful death claims representing the next of kin of persons who have died as a result of car accidents, nursing negligence, fires, falls and bicycle accidents. A Wrongful Death Act claim is designed to award compensation for injuries to the next of kin of the deceased.

If a person dies as a result of someone else’s negligence or other types of misconduct, the law recognizes the presumption that the lineal next of kin (for example a parent) has sustained some substantial pecuniary loss by reason of the loss of the decedent’s society. A jury attempts to place the value on the loss of the relationship with the person who has died. In determining the value of the loss, the jury may consider a number of factors depending on the circumstances of each case. These factors may include the amount of money, benefits or services that the decedent customarily contributed in the past and would likely have contributed to in the future. The jury would also consider the relationship between the next of kin and the person who has died.

If a person incurs medical expenses before their death a separate claim would be made to cover medical bills under the Survival Act.

If you have questions relating to a wrongful death claim, please contact our office and we would be pleased to discuss the same with you.