Peoria Wrongful Death Attorney
If you have lost a loved one because of someone else’s negligence or wrongdoing, no amount of money can ever compensate you for your loss. A wrongful death claim is a legal action to seek justice for your loved one and to pursue compensation for your family’s future. Contact a Peoria wrongful death attorney at Kanoski Bresney in Peoria today and schedule a consultation to discuss your options under the law.
Why Choose Our Firm?
- Our Peoria injury attorneys have more than 40 years of experience representing people who have wrongfully injured through the negligence of others.
- We are client-oriented and committed to serving the best interests of the people we represent.
- Our trial lawyers are not intimidated by large corporations. We will not hesitate to take your case to trial if to seek justice for your loved and the compensation your family deserves.
Why You Need a Wrongful Death Attorney
When you are grieving the loss of a loved one, the last thing you need to deal with is a complex legal matter. While you are dealing with your loss, our experienced Peoria wrongful death lawyers can protect your legal rights and aggressively pursue maximum compensation for your family, as well as justice for the loved one you have lost.
What Is Wrongful Death?
In a legal context, wrongful death denotes a civil action seeking damages against a party legally responsible for causing the death of another through negligence or wrongdoing. Certain survivors of the deceased have a right to recover compensation in a wrongful death claim against the at-fault party. Compensation in a wrongful death claim is for the benefit of surviving family members of the deceased.
Who Can File a Wrongful Death Claim in Illinois?
Under the Illinois Wrongful Death Act, a wrongful death claim must be brought by and in the name of the personal representatives of the deceased. The amount recovered is for the exclusive benefit of the surviving spouse and next of kin of the deceased. Next of kin means the closest family members. This would be:
- Surviving spouse and children; or if none,
- Legal parents and siblings; or if none,
- Other legal relatives.
If the deceased person left no surviving spouse or next of kin, damages will go to pay for hospitalization and medical treatment in connection with the last injury or illness of the deceased, and to the personal representative of the deceased to cover the costs of administering the estate and prosecuting the wrongful death action.
Causes of Wrongful Death
Wrongful death can occur whenever the negligence or wrongdoing of a party leads to the death of a person. Common causes of wrongful death include:
- Motor vehicle accidents caused by negligent drivers
- Slip and fall accidents on someone else’s unsafe property
- Medical malpractice
- Defective or dangerous products
- Construction accidents
- Workplace injuries
What Must be Proven in a Wrongful Death Claim?
To recover compensation and hold responsible parties accountable for wrongful death, you must establish the following elements:
- That a person has died;
- That the death was caused by the negligence of the responsible party;
- That the person’s death caused suffering for surviving family members; and
- That there is an appointed representative for the estate of the deceased.
Contact Our Peoria, Illinois Office Today
Our Peoria wrongful death attorneys at Kanoski Bresney are committed to helping your family seek justice for a loved one who died through the negligence of another. Call us today for a free case consultation.