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If you lost a loved one in a fatal accident, our wrongful death attorneys can help you hold negligent parties accountable. Navigating loss places a heavy emotional burden on grieving families. When a household member passes away suddenly, families typically face additional financial stress, further contributing to the hardship surviving victims endure. When loss is caused by the negligence of another party, individuals can feel overwhelmed by compounding the legal process with grief. A wrongful death lawyer can help grieving families find financial stability, guide surviving loved ones through the claims process, and help bring at-fault parties to justice.

A wrongful death claim must be brought by a representative or executor of the decedent’s estate. Typically, this is a surviving family member of the decedent. If the decedent did not appoint an executor for his or her estate, the courts may appoint one on his or her behalf. In Illinois, there are restrictions on who can serve as an executor to an estate.

Basic Requirements for Executors in Illinois

Individuals who wish to act as an executor to a loved one’s estate must be at least 18 years of age. They must also be lawful United States residents and of sound mind as determined by the court. Persons with felony charges are not eligible to act as estate executors in Illinois.

Additional Restrictions for Illinois Executorss

In addition to meeting basic state requirements, Illinois will reject executors who are categorized as a “disabled person.” Individuals are considered a disabled person if:

• They have a mental or physical incapacity that prevents themfrom caring for themselves
• They are diagnosed with fetal alcohol syndrome
• They are unable to provide for themselves or dependents due to alcohol or drug addiction, gambling addiction, being “idle,” or engaging in reckless behavior.

A wrongful death lawsuit is a claim brought against a negligent entity or liable party following a fatal accident or injury. Wrongful death claims allow grieving dependents to recover financial losses and hold liable parties accountable. These claims typically arise in circumstances where the decedent would have had grounds for a personal injury lawsuit if he or she had survived.

Fatal injuries that give rise to a wrongful death lawsuit can be caused by negligence, or by intentional actions. A fatal car accident involving a drunk, incapacitated, or distracted driver would yield a wrongful death lawsuit on the basis of the liable party’s negligence. The intentional killing of a victim may also provide grounds for a wrongful death lawsuit.

Damages in a wrongful death lawsuit typically compensate for two things: damages suffered by the decedent prior to death and damages accrued by the decedent’s loved one after the fatal accident. Plaintiffs generally recover economic damages, noneconomic damages, and, in some cases, punitive damages.

Loved ones of a deceased victim must meet a burden of proof in order to recover damages. For cases involving negligent actions, the claimant must show: