This form is a general sample wrongful death complaint requiring the user to supply facts giving rise to the complaint.
Illinois Complaint regarding Wrongful Death
State:
Multi-State
Control #:
US-PI-0306
Format:
Word;
Rich Text
Instant download
Description
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How to fill out Complaint Regarding Wrongful Death?
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FAQ
Loss of consortium occurs when the benefits of a familial relationship are lost because of injuries or death. This term specifically relates to personal injury cases, when a defendant's negligence or reckless behavior causes the victim's family to lose a connection with the victim.
If you have a loved one who passed away as a result of an injury or accident that involved the misconduct or negligence of a company or individual, you may be able to file a wrongful death lawsuit against those who were responsible for your loved one's death.
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.
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.?
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)
If a car accident results in a fatality, the settlement amount can be significantly higher. In Illinois, wrongful death settlements for fatal car accidents can range from $100,000 to $2 million or more. These settlements typically cover medical and funeral expenses, lost future income, and other damages.