What is a Wrongful Death Case?
Tragedy can strike in the form of a deadly accident here in our part of the country in any number of ways, from a fatal semi-truck crash or motor vehicle accident, to a deadly on-the-job work site incident or the horrors of medical malpractice or nursing home breaches of care, among other things. These untimely deaths, when caused by the actions or failures to act by others, can result in legal claims that recognize not only the harm suffered by the accident victim, but the losses experienced by their loved ones, from the time of the incident well into the future.
States Have Enacted Specific Wrongful Death Laws
In both Indiana and Illinois, the state legislatures have recognized the need to protect victims of fatal accidents who have lost their lives because of another’s negligence or intentional conduct by passing specific legislation called “wrongful death laws.” Other states have passed similar laws, with each state’s statutes having their own individual terminology. See, e.g., Kent, Stanley B. “Damages in Wrongful Death Actions.” Clev.-Marshall L. Rev. 17 (1968): 233.
- Indiana’s Wrongful Death Statutes can be found in Indiana Code §34-23-1-1 (General Wrongful Death Statute); Indiana Code §34-23-1-2 (Adult Wrongful Death Statute); and Indiana Code § 34-23-2-1 (Child Wrongful Death Statute).
- Illinois’ Wrongful Death Act can be found in 740 ILCS 180/.
These state laws create civil remedies not only for grieving loved ones but also for the decedent who has died in the accident. The deceased accident victim’s claims will be pursued by the legal representative of his or her estate.
Additionally, the state wrongful death laws define which family members can file legal claims as “survivors” under the statute. They also include specifics on what can be considered a “wrongful death” in that state, and they list the various types of monetary damages that are available as wrongful death damages.
Wrongful Death: Types of Accident Claims
While each state’s wrongful death law must be researched to determine if the circumstances surrounding the deadly accident come within the statutory parameters, as a general rule for Indiana, Illinois, and other states the wrongful death claim will be based upon any accident that resulted in the death of the injured victim. These can include fatalities that result from:
- Car Crashes;
- Construction Work Site Accidents;
- Medical Malpractice – Doctor or Hospital;
- Motorcycle Accidents;
- Nursing Home Abuse or Neglect; or
- Semi-Truck Crashes.
In each matter, the loved ones who are allowed to pursue claims under the state statute as the decedent’s “survivors,” as well as the decedent’s legal representative, will have the legal burden to prove the underlying personal injury claim. As plaintiffs, they will have the duty to show there was a duty of care or safety owed to the victim which was breached and as a result, the accident victim was harmed and died from those injuries. One or more parties will have to be proven as having this legal duty of care or safety, such as a doctor in a malpractice case or a driver in an auto accident or motorcycle crash.
For more, see:
- Deadly Construction Fall Accidents: Duty to Provide Fall Safety Equipment Protections for Construction Workers;
- Employers’ Duty to Protect Workers during Coronavirus Outbreak;
- Serious Illinois Car Crashes and Marijuana Impaired Drivers;
- Industrial Accidents in Indiana and Illinois: Serious Injury or Death on the Job.
Wrongful Death Damages After Fatal Accidents in Illinois or Indiana
Each state’s wrongful death laws will list the specific damages that are allowed for both the deceased accident victim as well as his or her surviving loved ones who are recognized claimants. Each state statute defines the scope of the wrongdoer’s monetary responsibilities, and damages may be different from state to state.
Overall, it can be said that each state will first consider the monetary damages that correspond to the victim, from the instant the event took place (as for example, the impact of the collision in a semi-truck crash) until the moment of passing. These damages can include things like medical expenses, pain and suffering, lost wages, and funeral expenses.
State statutes give separate consideration to the harm experienced by the victim’s loved ones (for instance, a widow or widower or the minor children). Damages here can include things like the loss of financial provision that the victim would have otherwise provided to the family with lost earning capacity being calculated from the date of the accident through forecasted retirement age (or other age determination).
These damages will have to be shown with admissible evidence, and then tallied into a total representing the “wrongful death damages” owed by the wrongdoer who, under state law, is shown to have legal liability for the fatal accident.
Claims for Justice in Indiana and Illinois When Accident Victim Dies from Injuries
Essentially, when someone is so seriously injured that they lose their life as a consequence, what would have been an accident claim defined by personal injury laws escalates to an action based upon state wrongful death statutes. These cases can arise from accidents so horrific that the victim perished in the incident or collision. They can also result from situations where the accident victim fought hard and lived for days, weeks, or even months after the event, only then to succumb to bodily injuries resulting for the collision, work site injury, etc.
As accident victims’ advocates, we consider it both a privilege and an honor to provide assistance and support to grieving loved ones in the aftermath of these untimely deaths, as they righteously seek justice for those who have lost their lives due to the neglectful actions of another.
When fatalities occur, all too often those who are responsible for the incident will deny their involvement as they try to avoid legal liability for their actions. Insurance adjusters and defense counsel may be very aggressive in attempts to deflect responsibility for monetary damages due to the deceased and his or her surviving loved ones.
An extensive investigation into the event, as well as possible independent expert analysis such as reconstruction of the accident, may be necessary for justice to prevail. Legal review of the case must also include confirming current law applications as these matters can be complex and evolving. See, e.g., the 2021 statutory change in prejudgment interest in an Illinois wrongful death case discussed in “Governor Signs Pretrial Interest Legislation into Law,” written by Raymon Troncoso and published by Capitol News Illinois on May 29, 2021.
For more, read:
- Wrongful Death Laws: In Fatal Accidents, Who Should Pay for the Family’s Legal Fees?
- 10 Things to Know About Wrongful Death in Indiana Accidents
- Technology and Personal Injury Lawsuits for Serious Injuries and Wrongful Death Traffic Accidents
- Indiana’s Dr. Weinberger, The Nose Doctor, Finally Faces Kenneth J. Allen and a Jury: $13,000,000 Wrongful Death Verdict; You Got What You Deserve.
If you or a loved one has suffered a serious personal injury in Indiana or Illinois, it is important to know the laws in place that provide avenues for justice to accident victims who have been harmed by the actions of another, whether intentional or negligent. Please be careful out there!
