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Illinois Petition To Settle Cause of action-Wrongful Death

State:
Illinois
Control #:
IL-SKU-1343
Format:
PDF
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Description

Petition To Settle Cause Of action-Wrongful Death

An Illinois Petition to Settle Cause of action-Wrongful Death is a legal document in which a plaintiff (or their representative) seeks compensation from a defendant for the wrongful death of a loved one. The petition must include information such as the name of the deceased, the circumstances of their death, the date of death, the amount of damages sought, and the legal basis of the claim. There are two types of wrongful death cases in Illinois: a wrongful death action and a survival action. A wrongful death action is a claim brought by the personal representative of the deceased for the benefit of the deceased's surviving family members, while a survival action is a claim brought by the personal representative of the deceased for the benefit of the deceased's estate. Both types of actions require a Petition to Settle Cause of action-Wrongful Death in order to be filed.

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FAQ

Under the Wrongful Death Act, qualified family members must prove their level of dependence on the victim. The court will then divide the settlement in proportion to each qualified family member's financial reliance.

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

Even though the personal representative or executor is responsible for filing the wrongful death claim, the law says that ?the amount recovered in every such action shall be for the exclusive benefit of the surviving spouse and next of kin of such deceased person.?

Or you may be curious to know if you'll need to pay taxes on your settlement money as income. In Illinois, the money you receive from a personal injury case is generally not considered taxable. This is because settlement money is not considered part of a claimant's income.

Settlements usually range from several hundred thousand to several million dollars on average, depending on the factors involved in each individual case. Some average Illinois wrongful death settlements include: A $2.9 million settlement in the wrongful death of a baby due to medical malpractice.

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Illinois Petition To Settle Cause of action-Wrongful Death