What Constitutes a Wrongful Death Case in Illinois?
Simply put, a wrongful death is any instance where someone is killed, and it’s someone else’s fault. This often involves a situation like a fatal car accident or a serious error that resulted in death during a medical procedure. To qualify as a wrongful death in the state of Illinois, these criteria must be met:
Duty
This means the defendant owed a specific duty to the victim. In a general sense, this could imply a driver’s duty to operate their car safely and prevent the deaths of other drivers. In a more specific sense, this could refer to a doctor’s duty to safely operate on their patient.
Breach
A breach implies that the defendant didn’t perform their duty, and it caused the victim’s death. This could be something like a drunk driver’s decision to operate a vehicle under the influence, or a doctor’s failure to operate safely.
Causation
This criteria shows that it was specifically the defendant’s actions that caused the victim’s death. In other words, if the defendant had not done what they did, the victim would almost certainly still be living.
Damages
Survival damages involve the period of time during which the victim was alive after the injury, but before death. Family members who would have lost either services or monetary benefits from the victim are also entitled to compensation.
