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Can you file a wrongful death lawsuit for a loved one?

On Behalf of | May 25, 2021 | Wrongful Death

It’s a tragedy when a loved one dies due to the negligence, recklessness or deliberate action of another. Fortunately, states like Illinois allow those close to the victim to file a wrongful death lawsuit against the offender. Understanding who is eligible to file this type of lawsuit is a necessary first step.

Who is eligible to file a wrongful death lawsuit?

It’s crucial to realize that each of the 50 states sets its own guidelines for who is able to file a wrongful death lawsuit. All guidelines are based on a person’s relationship with the deceased person. In all states, the spouse and children of the deceased person are eligible for filing a lawsuit. In some states, extended family members may file a wrongful death lawsuit. These include grandparents, grandchildren, aunts and uncles.

What grounds do you need to prove a wrongful death lawsuit?

In order to prove a wrongful death lawsuit, you’ll need to prove three things. First, your loved one’s death must not be the result of their own inaction or action. Second, the defendant must be responsible for your loved one’s death due to their deliberate action, recklessness or negligence. Lastly, you must have suffered severe financial loss due to the death of your loved one. If you can prove all three of these things, you might successfully win your wrongful death lawsuit. It’s highly advisable to seek the help of legal assistance to prove your wrongful death lawsuit.

When someone else causes the death of your loved one, you may want to hold that person responsible by filing a wrongful death lawsuit. If you’re thinking of doing so, it’s a good idea to contact an attorney to assist you with filing and presenting evidence to prove your case.