The loss of a child in a wrongful death usually creates an unbearable grief in surviving family members and friends. The heartbreaking event is even more tragic when it occurs through negligence, recklessness, carelessness or the intentional action of others.
For the parent, the devastation of the loss and overwhelming grief is immeasurable. Even so, surviving family members often have extensive financial losses that involve medical bills, funeral and burial costs, and the loss of the child’s love, companionship and contribution to the family unit. Because of that, parents will often hire an attorney to file a claim for compensation in the wrongful death of their child.
Rosenfeld Injury Lawyers offer vigorous and compassionate legal remedies to families who have experienced a death of a child in Illinois. We provide aggressive advocacy for family seeking recompense from every negligent party to recover damages and the losses of a young loved one.
Seeking compensation through a wrongful death claim of the child usually involves some type of negligence that might have occurred through:
- Medical malpractice, mistake or error
- Motor vehicle collision
- Premises liability including: drowning or slip and fall injury
- Defective product
- Bad drug
Who Can File a Wrongful Death Claim For a Deceased Minor Under Illinois Law?
Wrongful death laws in Illinois have been enacted to hold individuals causing the death of a child responsible in a variety of ways. The laws are designed to force responsible individuals to pay funeral expenses, burial costs and medical bills incurred by the child prior to death.
In Illinois, close family members including parents, siblings, grandparents, nephews and nieces can legally file a wrongful death action against all responsible parties. All claimants in a wrongful death case involving a child can seek compensation for their pain, suffering and loss of companionship. Some family members can also seek the loss of worth of the child’s life or punitive damages as a way to punish individuals or institutions causing the demise of the little loved one.
How Compensation Is Obtained?
Many wrongful death cases are complex, where a skilled attorney will build a solid claim for compensation using Illinois tort law. In many situations, investigators will need to reconstruct the accident or incident using eyewitness accounts or collected evidence. In some cases, expert witnesses will need to testify on how or why the accident occurred based on their knowledge and expertise.
While no amount of compensation can ever bring the child back, judges or juries usually award survivors an amount of recompense equal to the financial value of the case. Usually the amount of compensation is measured by the damage on family members resulting in their loss of the little loved one.
Parents often seek economic damages including any financial support the child provided prior to death, or the value of any service the child could have provided have they not passed away. Additionally, every survivor filing a claim can seek non-economic damages including pain, suffering, emotional anxiety, mental anguish and the loss of care and companionship.
Hiring an Illinois Personal Injury Lawyer to Prosecute a Wrongful Death Lawsuit Involving a Minor
Surviving family members have the burden of proof to show how their loved one died through the negligence, irresponsibility or intention of another. They might show that the defendant in the lawsuit had a legal duty of care to the young victim and that they breach the duty and their actions were the proximate or direct cause of the young child’s death. Proving that is often complex and usually requires the skills of a competent personal injury attorney who specializes in child wrongful death claims.
Rosenfeld Injury Lawyers have the resources and experience to handle your Illinois wrongful death lawsuit. If your child is the victim of a wrongful death, our skilled law firm can provide your family legal representation to hold every responsible party accountable for their action. We accept cases involving wrongful death in every county in Illinois.
Our attorneys provide a no-cost evaluation to determine the merits of your claim. Contact our law offices at (888) 424-5757 today to schedule an initial consultation. We can provide you the legal representation you need to start your family’s financial recovery. We work as tireless advocates for children injured or killed through the negligence of others.