Is It Hard to Prove Wrongful Death in Illinois?

 Posted on January 28, 2022 in Personal Injury

Wrongful death cases are devastating, not to mention challenging and emotionally draining. Losing a loved one is a difficult experience to endure as it is, but when your friend or family member passes away due to someone else's negligent behavior, the loss is compounded by the understanding that this did not need to happen this way.

Amid the shock and the grief that stems from the death of a loved one, many family members are unsure about what they should do next or where they should turn. Many wonder if a wrongful death case is worth pursuing, as people often assume that wrongful death cases are too hard to prove. While they are difficult, they are not impossible. 

What is a Wrongful Death Case? 

Before pursuing a wrongful death case, it is important to understand what a wrongful death entails. In Illinois, a wrongful death is classified as the death of an individual as the result of another person's negligence. If one party conducts himself or herself in a negligent manner and their actions cause the death of another party, then the party acting negligently may be proven to be at fault for the deceased party's death. 

The Four Elements of a Personal Injury Wrongful Death Case 

Wrongful death cases may be difficult to prove because there are multiple elements that must be proven in court. In order to prove a wrongful death, there are four main elements that must be present: 

• Duty of care 
• Breach of duty 
• Causation 
• Damages

How to Prove Wrongful Death in Illinois

The process of proving that wrongful death is at play starts with establishing the fact that a duty of care was present between the party accused of causing a wrongful death and the deceased party. 

A duty of care refers to a legal responsibility or obligation to conduct oneself accordingly in order to not place others in harm's way. The definition of the duty of care will differ from one wrongful death case to another, and your wrongful death lawyer will be able to explain the duty of care as it relates specifically to your case. 

After establishing that a duty of care existed between the deceased party and the defendant, a breach of duty must be proven, followed by evidence that the death was directly caused by the breach of duty. A list of damages must be presented as well, showing that the wrongful death of the deceased party inflicted monetary damage or emotional distress, among other losses. 

Contact a Will County Wrongful Death Lawyer 

Wrongful death cases may be hard to prove in court due to how complex the process of proving duty of care, breach of duty, causation, and damages can become. By hiring an experienced wrongful death lawyer, you can seek comfort in knowing that an attorney with the skill set to handle wrongful death cases in a professional and knowledgeable manner is working diligently to seek justice for the loss of your loved one. Call 815-730-1977 to speak with Plainfield wrongful death attorney Michael A. Lichner and schedule a free consultation. 

Source: 

https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2059&ChapterID=57