The loss of a loved one is never easy but the ability to deal with such a loss can be worsened when the death is caused by the negligence of another person or entity.

 

Wrongful death is defined as the death of a person that results from any act or occurrence which, if death had not ensued, would have entitled such person to recover damages. In other words, a wrongful death claim is similar to a personal injury claim, with the exception that in a wrongful death claim, the person who sustained the personal injury died as a result. The person who passed away is often referred to as the “decedent.”

 

The claimant or plaintiff in a wrongful death claim pursues damages against the individual or entity responsible for the decedent’s death. Since the decedent is unable to seek compensation for the wrong, decedent’s survivors must step in to seek damages on the decedent’s behalf. The survivors authorized to bring forth a claim on behalf of a deceased individual are grouped by classes.

 

The classes identify the rank of the survivors in determining the individual lawfully allowed to pursue a wrongful death claim. For example, a surviving relative contained within class one (such as the spouse or a child of the decedent) would generally have the right to bring forth a wrongful death claim over a surviving relative contained within class two (such as a sibling of the decedent.)

 

Permission from other members within the same class is not required for any one member of the class to file a wrongful death claim. However, if there are multiple individuals within the same class who survive the decedent, the court can determine how funds from the wrongful death claim will be disbursed amongst the individuals. The person who brought forth the wrongful death claim will also be responsible for proving a diligent attempt was made to notify all parties who might have been lawfully authorized to bring forth a wrongful death claim as well.

 

These requirements essentially operate to ensure no rightful member of a class is excluded from recovering damages as a result of the wrongful death claim.

 

Examples of some of the most common damages pursued in a wrongful death claim include:

 

• Funeral and burial expenses

• Medical bills associated with the injury sustained by the decedent

• Loss of decedent’s expected future earnings

• Reasonable value of the service(s), consortium, companionship and support of the decedent

• Pain and suffering of decedent prior to death

 

There are time constraints in which a wrongful death lawsuit must be filed. In the State of Missouri, a claimant has 3 years from the date of decedent’s death to file a wrongful death lawsuit. In Illinois, unless the wrongful death was the result of violent intentional conduct such as homicide, a claimant has 2 years from decedent’s date of death to file suit.

 

Have you lost a loved one due to the negligent act of another person or entity? Call us today at (314) 492-2380 or send an email, to schedule your free consultation.