We trust doctors, nurses, and hospitals to provide quality medical care. Unfortunately, healthcare professionals may fall short of meeting this standard. They may make mistakes in evaluating a patient’s condition, administering anesthesia or giving dosages of medication. As a result, thousands of patients across the country suffer wrongful deaths each year.
Medical errors can be difficult and costly to prove. It requires skill, effort and resources. But deserving victims can obtain relief. Salvi, Schostok & Pritchard P.C. has obtained significant settlements and verdicts on behalf of clients in medical malpractice wrongful death cases across Illinois.
If your loved one has died because of medical malpractice, you have the legal right to hold the at-fault party accountable. To learn how the Chicago medical malpractice wrongful death attorneys at Salvi, Schostok & Pritchard P.C. can help you, call us today at 877-788-2045 or contact us online for a free, no-obligation consultation. We have offices in Chicago and Waukegan, and we represent clients throughout Illinois, including Cook and Lake counties.
Who Can Recover in an Illinois Wrongful Death Claim?
Surviving family members of wrongful death victims can be compensated for economic and non-economic losses. These money damages include loss of financial support, love, care, comfort, supervision, guidance, household assistance and general society. Surviving family members may also be compensated for their own personal grief and suffering.
The Illinois Wrongful Death Act creates a cause of action. The lawsuit is brought in the name of the personal representative of the victim’s estate, and it is for the benefit of the next of kin. The victim’s eligible next of kin may include:
- Spouses (widow or widower)
Wrongful death claims cover “pecuniary injuries.” These damages cover loss of companionship, mental anguish and potential financial contributions of the deceased.
Surviving children may recover damages for the loss of instruction, moral training and education they would have received had their parent lived.
In Illinois, it is also possible to recover for the wrongful death of an unborn child if the fetus was viable at the time of the negligent act. The presumption of the parents’ loss and injury extends to a stillborn child.
In addition, the Illinois Survival Statute allows next of kin to recover damages for the pain and suffering of their loved one from the time of injury until the time of death. In cases where death is instant, or when the decedent is rendered immediately unconscious or comatose, damages can’t be recovered.
How Do You Prove An Illinois Wrongful Death Claim?
In all wrongful death cases, negligence must be proven. The attorneys of Salvi, Schostok & Pritchard P.C. know how to help clients prove the four critical components of negligence that must exist in their claim:
- The defendant had a duty to the deceased,
- The defendant failed in that duty (breach of duty),
- The fatality was caused by the defendant’s breach of duty, and
- The survivors are entitled to damages as a result of the loss of their loved one.
The amount of damages awarded will depend on the plaintiff’s relationship to the deceased.
Every state has its own “statute of limitations.” This is the maximum allowable time in which a wrongful death lawsuit can be filed against a medical professional or hospital. After this time, a claim may be denied. In Illinois, a wrongful death action must be filed within two years of the date of death. Under certain circumstances, this period can be significantly less than two years. A lawyer should be consulted immediately on this issue.
Contact Our Chicago Medical Malpractice Wrongful Death Lawyers Today
Salvi, Schostok & Pritchard P.C. has recovered needed compensation for several Chicagoland families who lost a loved one due to medical negligence.
Proving negligence in a medical malpractice lawsuit takes an investment of time and resources. If you feel a family member of yours was the victim of medical malpractice that resulted in their wrongful death, call us today at 877-788-2045 or use our online form. We help clients throughout Chicago and Illinois, including Cook and Lake counties. We can provide you with a free and confidential consultation about your case and advise you of your legal options.