What do I need to prove in an Illinois wrongful death claim?

If you have lost a loved one in an accident and are faced with dealing with an Illinois wrongful death claim, you are probably feeling overwhelmed, and rightfully so. It is hard enough dealing day-to-day without your family member, let alone worrying about all the legal issues involved in getting the damages that you deserve. An experienced Chicago wrongful death lawyer will be able to help explain the complete process of what you need to do.Who can file an Illinois wrongful death claim?If your loved one left a will, the will should name an executor. If your family member passed away without a will, an administrator will be appointed to disperse the estate. Only an executor or administrator can file an Illinois wrongful death claim.What evidence is necessary in an Illinois wrongful death claim?An Illinois wrongful death claim must prove that the liable party did, in fact, cause the accident that resulted in the death of your loved one. In addition, the Illinois wrongful death claim must prove that had your loved one lived, your loved one would have been able to file a personal injury lawsuit against the liable party for injuries sustained in the accident. In order to pursue a personal injury lawsuit in Illinois, you must prove that the accident was caused by negligence, intentional misconduct or reckless behavior.Illinois assigns fault using the modified comparative negligence method.  This means that you will only be able to recover damages if the person who caused the incident was at least 51% responsible for the accident.When to Hire a Chicago Wrongful Death LawyerWrongful death claims can be complicated, but the best way to understand your legal options during this difficult time is to speak with an experienced Chicago wrongful death lawyer who can give you advice based on the specifics of your case.The Law Offices of Barry G. Doyle, P.C. understand the emotional and financial difficulties that result with the tragic and unexpected loss of a loved one. Our team of compassionate and experienced Chicago wrongful death lawyers is here to listen and to help. For a free case evaluation contact us today – 312-263-1080.