Illinois Wrongful Death Claims & Comparative Negligence

Negligence is an important part of any personal injury or wrongful death lawsuit, and can be defined as not acting in a way that a reasonable person would under the same circumstances. In order to file an Illinois wrongful death lawsuit, you and your Chicago wrongful death lawyer must prove that the person you are filing the claim against was directly at fault for the accident that resulted in the death of your loved one.Comparative Negligence in Wrongful Death CasesIn Illinois, liability after an accident is assigned using a modified comparative negligence system. Under the Illinois version of comparative negligence, a percentage of the blame for an accident can be divided between the party that brought the lawsuit (the plaintiff), and the party who is being sued (the defendant). If the plaintiff is assigned 51% or more of the blame (meaning the accident was 51% their fault), the defendant is found “not guilty” and the plaintiff cannot collect any compensation.This also means that your award can be reduced according to how much the defendant was at fault in causing the accident. For example, if you were awarded $200,000 after the death of your loved one but the court determined that your loved one was actually 25% at fault for their fatal accident, your final award would be $150,000 or 75% of the total.Your Chicago wrongful death lawyer will be able to provide an in-depth explanation of negligence. In addition, your lawyer will also discuss whether comparative negligence is likely to be applied to your case.Hiring a Chicago Wrongful Death LawyerLosing a loved one to a tragic and preventable accident carries with it an emotional toll that can quickly become overwhelming when funeral costs and medical bills, come pouring in, especially if your family relied on the income of the deceased as your main financial support. If you have lost a spouse, parent, or other family member because of neglect, you may be entitled to receive compensation from those responsible.With so much going on during this time emotionally and financially, it’s best to have the help of an experienced Chicago wrongful death lawyer. The Law Offices of Barry G. Doyle, P.C. have been helping the families of accident victims get the compensation they need and deserve to move on with their lives. Contact us today for a free case evaluation – 1-312-263-1080