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When Should a Wrongful Death Claim Be Filed?

When Should a Wrongful Death Claim Be Filed?

By Trapp & Geller

Trapp & Geller are the finest wrongful death lawyers in Chicago to consult with if you are considering filing a claim or lawsuit following the tragic loss of a loved one. A lawsuit for wrongful death is typically filed when an individual dies due to negligence or the wrongful act of another person. In negligent homicide cases, a prosecutor can bring formal charges and file for the commencement of a criminal trial against the responsible party.

A claim for wrongful death has its foundation in negligence, which is the breach of duty of care to another individual. The law recognizes the fact that certain relatives of the deceased have a right to seek monetary damages for a claim that lies in wrongful death.

In many states, a Court-appointed representative of the Estate of the deceased can file for a wrongful death lawsuit. This person is known as the Administrator. This lawsuit is filed for the benefit of the survivors of the deceased, most often the spouse and children.

Claims and, ultimately, a lawsuit, should be filed when an individual dies as a result of the negligence of the actions or omissions of a third party. For instance, an individual who is crossing the street that is struck by another vehicle and sustains fatal injuries would have an Estate that is entitled to file a claim or lawsuit for wrongful death.

Regular negligence cases are those where an individual is injured and sustains personal injuries as a result of the negligence of a third party. In those types of cases, an attorney will be retained to represent the injured individual and seek damages for their injuries.

Wrongful death cases are different in that the survivors of the deceased maintain the right to seek damages on behalf of the Estate. A wrongful death case should be filed where the deceased left behind survivors who are entitled to damages due to the untimely death of the individual.

Damages can be awarded to the surviving members of the deceased. Damages can be awarded for burial and funeral expenses, loss of financial support, and potentially loss for a prospective inheritance and lifetime earning capacity. Additionally, damages may be awarded for conscious pain and suffering suffered by the deceased prior to death as well as non-economic damages such as loss of companionship and society for the surviving spouse.

If you are seeking consult with and retain the finest wrongful death lawyers in Chicago, contact Trapp & Geller today so that you may be advised of your rights and remedies under the law and begin on the road to recovery and receive the maximum compensation to which the Estate of the deceased is entitled.


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