If someone’s death is the result of negligence or misconduct of another, the surviving family members may sue for "wrongful death."
Laird Ozmon has a proven track record of obtaining high dollar value settlements and jury verdicts involving wrongful death cases.
Here are five things your attorney wants you to know about wrongful death:
1. Cases generally arise as the result of negligent conduct or omissions.
However, a wrongful death claim may be based on other causes of action such as product liability or intentional conduct.
2. A wrongful death claim is typically filed by a spouse or child.
“In Illinois, first priority is given to the lineal heirs, meaning spouses and children. Only if there are no lineal heirs may collateral heirs (parents and siblings) recover,” said Laird Ozmon.
3. There are various types of compensation that are recoverable.
There are three areas of recovery: loss of society meaning the benefits of the relationship like love and companionship, grief and sorrow, and the loss of money, goods and services provided by the deceased person.
4. A survival act claim can also be associated with a wrongful death case.
According to Ozmon, if the deceased person survives for a period before death, the heirs under the Act may seek to recover what the decedent may have recovered from his or her injuries prior to death, such as pain and suffering from the time of the injury until death. This claim is brought under the Illinois Survival statute.
5. A wrongful death lawsuit is subject to a statute of limitations.
If you wait too long to file your claim, your case may be dismissed by the court if you were not entitled to any kind of exemption.
Ozmon has over 30 years of trial experience and will fight to recover maximum compensation and hopefully enable you to move past such a tragedy.