Wrongful death lawsuits are brought when a person dies due to the negligence or misconduct of another person and the decedent's surviving heirs or dependents are entitled to damages as a result of this negligence. So in order to file a wrongful death action you must satisfy the following criteria:

• Death caused either completely or partially by the defendant;
• Defendant was negligent and liable for the death;
• Decedent left dependents, whether a spouse, children, beneficiaries, etc.; and
• The dependents suffered monetary damages as a result of the death.

Wrongful death can arise out of a variety of different circumstances, such as medical malpractice, automobile or airplane crashes, exposure to hazardous conditions at work and criminal behavior. If you feel that your loved one died due to the negligence or misconduct of another person you might have a wrongful death claim, no matter the situation.

While the rules governing wrongful death litigation vary by state, in Illinois and Chicago the wrongful death statute sets out specific procedures for bringing such a wrongful death lawsuit. For example, oftentimes the decedent suffers pain and suffering before his or her death. In that case, Illinois law allows the decedent's family to bring a cause of action for both survivorship and for wrongful death. The survivorship part of the lawsuit is for conscious pain and suffering that the decedent experienced before death.

A lawsuit for wrongful death belongs to the decedent's family and is often brought by the personal representative or administrator of the decedent's estate. A wrongful death claim is often brought by the decedent's wife, husband, children and sometimes parents on behalf of the estate of the decedent.

Because of the complicated nature of wrongful death cases, you need a lawyer with the necessary experience to obtain justice for you and your family. With over 30 years of trial experience in wrongful death and medical malpractice, Kreisman Law Offices knows the law inside and out and will put their knowledge to use for you.

If your family has been impacted by wrongful death, Kreisman Law Offices is here to help. Please call us 24 hours a day at (312) 346-0045 or toll free (800) 583-8002 for a free and immediate consultation, or complete a contact form online.