This form is a sample personal injury complaint arising from incident in which decedent was shot multiple times by defendant.
Illinois Complaint for Personal Injury and Wrongful Death due to Shooting / Violence
State:
Multi-State
Control #:
US-PI-0299
Format:
Word;
Rich Text
Instant download
Description
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How to fill out Complaint For Personal Injury And Wrongful Death Due To Shooting / Violence?
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FAQ
What are the elements of a wrongful death claim in Illinois? That the defendant owed a duty of care to the decedent (person who died) That the defendant failed this duty of care. That the defendant's failure proximately caused the death, and. That there are damages (compensable losses) that resulted from it.
Wrongful death. n. the death of a human being as the result of a wrongful act of another person. Such wrongful acts include: negligence (like careless driving), an inten- tional attack such as assault and/or battery, a death in the course of another crime, vehicular manslaughter, manslaughter or murder.
A police report is a critical document that insurance companies require when surviving family members pursue a wrongful death claim. It may contain valuable information related to the cause of the death (officer's opinion), witness statements, and other evidence.
Some common types of damages awarded in Illinois include money for: loss of financial support the deceased would have provided, including lost wages and benefits. loss of consortium (meaning the loss of society, companionship, and the sexual relationship the deceased would have had with his or her spouse)
In Illinois, damages are paid to the deceased person's surviving spouse and next of kin ing to their level of dependency on the deceased person, as determined by the court.
The Illinois wrongful death statute of limitations is two years from the date of death.
You do not need the results of an autopsy to file a wrongful death claim, but if there is suspicion that someone's untimely death was the result of another person's negligence, a post-mortem physical exam can be beneficial.
There are many defenses you can use in a wrongful death suit such as: The statute of limitations has run and the claim is time barred. You did not have a duty of care towards the deceased. You acted in self-defense. You were not negligent in your actions and did everything a reasonable person would have done.
You do not have to prove wrongful death beyond a reasonable doubt. Instead, you must prove it is at least 51 percent likely the death was wrongful; this burden of proof is called the ?preponderance of the evidence.?