Unexpectedly losing a loved one can leave you feeling overwhelmed with grief, financial stress and uncertainty about your next steps. Wrongful death claims provide surviving family members with a way to seek compensation and accountability when someone else’s actions or negligence causes the death.
Unfortunately, many people have misconceptions about how wrongful death claims work, which can confuse families during an already difficult time. Therefore, it’s crucial to clear up these misunderstandings so grieving family members can begin exploring their legal options.
1. Wrongful death claims are only about money
One of the biggest misconceptions is that wrongful death lawsuits are simply about financial compensation. Financial damages are certainly important to address, but many families pursue these claims for accountability.
A wrongful death claim can bring attention to negligent behavior, unsafe conditions or preventable mistakes that led to a loved one’s death. Pursuing legal action can sometimes provide answers and ensure that a family’s loss is taken seriously.
2. Any family member can file the lawsuit
In Illinois, wrongful death claims are generally filed by the personal representative of the deceased’s estate — not directly by the individual’s relatives. However, compensation recovered typically goes to the “surviving spouse and next of kin” under the law.
3. There must be a criminal case before you can file a wrongful death claim
Many people assume that a wrongful death lawsuit can only be filed if criminal charges were brought against the responsible party. The truth is that a wrongful death claim is a civil suit and is separate from a criminal case.
A wrongful death claim can be pursued even if:
- There were no criminal charges filed.
- The defendant was acquitted in criminal court.
- The incident was considered an accident.
4. The family can’t pursue a case if the deceased was partially at fault
Illinois follows a modified comparative negligence rule. The family can still file a wrongful death claim even if their loved one was partially responsible for the accident. As long as the deceased was less than 50% at fault, the family can still pursue a case. However, any damages awarded may be reduced proportionally.
In the emotional aftermath of losing a loved one, it can be difficult to know where to go for help. A legal representative can explain your legal options and help you fully understand your rights. While no legal action can undo your tragic loss, a wrongful death claim can provide a way to pursue accountability, financial stability and a better understanding of what happened.