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The Elements of A Wrongful Death Case

Published on February 27th, 2023

Wrongful death elements must be proven in order to win a wrongful death case

How Do You Prove Wrongful Death?

When someone is grievously injured and it results in their death, the situation may qualify as wrongful death if another party caused the accident.

Certain elements must be proven in order to achieve a successful outcome in any wrongful death lawsuit. These elements are to prove negligence and support the claim that one individual’s death was the direct result of another person’s wrongful act, neglect, or default. These elements include the following:

  • Duty of Care
  • Breach of Duty of Care
  • Harm Caused by the Breach of Duty

These wrongful death elements must be proven in order to win a wrongful death case and recover damages. First, to prove Duty of Care, a plaintiff must be able to prove that the defendant was obligated to provide a Duty of Care to the deceased; in other words, obligated not to endanger the individual’s safety.

Second, the plaintiff must be able to prove that the defendant breached their Duty of Care. Third, it must be proven that the breach of duty committed by the defendant caused deadly harm to the deceased.

These elements of wrongful death are significant in that without proving them, a surviving family member does not have a case against the party who caused their loved one’s death.

Presenting Evidence

According to the Illinois Wrongful Death Act, a wrongful death claim can only be filed by a personal representative of the deceased’s estate. If no representative has been chosen prior to their death, the court may appoint one.

Presenting strong evidence that supports a wrongful death claim is a complicated process and can add to the pain and suffering a surviving family member is already experiencing. Working with a qualified wrongful death lawyer allows an individual time to heal and grieve while their legal representation takes on the burden of gathering factual, reliable evidence to support their case.

Filing A Wrongful Death Claim in Illinois

If you need to file a wrongful death lawsuit but don’t know if you have a case, or you’re questioning who can sue for wrongful death in Illinois, the team at The Crosby Law Firm can help.

Filing a wrongful death claim is never easy, and not only is it emotionally taxing, it can also be a complicated process. Contact our law firm today to schedule a free case evaluation with our personal injury attorneys in Rockford, IL.

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