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  • Intake Form- Wrongful Death

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Matthew D. Kaplan, LLC ATTORNEY AT LAW American Bank Building #1218 621 SW Morrison Street Portland, OR 97205 Phone: 503-226-3844 Fax: 503-295-2651 www.MDKAPLANLAW.COM matthew mdkaplanlaw.com Matthew.

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Elements of a Wrongful Death Case Specifically, the plaintiff must establish that the defendant 1) owed a duty of care to the decedent, 2) breached that duty, and 3) the breach was the cause of the death.

Illinois Survival Act The Survival Act gives the victim's family members the ability to file claims and recover financial compensation on behalf of the defendant through the establishment of an estate. This preserves the deceased person's legal right to pursue legal action beyond his or her death.

Many states allow family members of the deceased to file the civil wrongful death claim, but that is not the case in Illinois. In this state, the law says that the wrongful death claim must be filed by the personal representative, often referred to as the executor, of the deceased individual's estate.

For instance, if a right asserted in an action is assignable, the right survives the death of either party. Generally, actions for negligence survive the death. Illinois courts have also held that legal malpractice actions and medical malpractice actions also survive the decedent's death.

In an Illinois wrongful death lawsuit, the survivors may be able to recover for “pecuniary loss,” which the Illinois Court System defines as losses that “may include loss of money, benefits, goods, services, and society.” When a judge or jury decides potential damages in a wrongful death claim, it begins from the ...

A survival action is the lawsuit that the deceased person would have been able to bring had he or she lived, while a wrongful death action is a claim for compensation for the harms that the family of the deceased has suffered.

In a survival action, the compensation is based on the deceased's injuries before their death. But in a wrongful death lawsuit, the award is based on the damages the deceased's family incurred after the deceased died. This is a subtle but crucial distinction.

In England and Wales, bereaved families can make a wrongful death claim under the Fatal Accidents Act 1976.

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© Copyright 1997-2025
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Form Packages
Adoption
Bankruptcy
Contractors
Divorce
Home Sales
Employment
Identity Theft
Incorporation
Landlord Tenant
Living Trust
Name Change
Personal Planning
Small Business
Wills & Estates
Packages A-Z
Form Categories
Affidavits
Bankruptcy
Bill of Sale
Corporate - LLC
Divorce
Employment
Identity Theft
Internet Technology
Landlord Tenant
Living Wills
Name Change
Power of Attorney
Real Estate
Small Estates
Wills
All Forms
Forms A-Z
Form Library
Customer Service
Terms of Service
DMCA Policy
About Us
Blog
Affiliates
Contact Us
Privacy Notice
Delete My Account
Site Map
All Forms
Search all Forms
Industries
Forms in Spanish
Localized Forms
Legal Guides
Real Estate Handbook
All Guides
Prepared for You
Notarize
Incorporation services
Our Customers
For Consumers
For Small Business
For Attorneys
Our Sites
US Legal Forms
USLegal
FormsPass
pdfFiller
signNow
airSlate workflows
DocHub
Instapage
Social Media
Call us now toll free:
1-877-389-0141
As seen in:
  • USA Today logo picture
  • CBC News logo picture
  • LA Times logo picture
  • The Washington Post logo picture
  • AP logo picture
  • Forbes logo picture
© Copyright 1997-2025
airSlate Legal Forms, Inc.
3720 Flowood Dr, Flowood, Mississippi 39232