Introduction
Claims for wrongful death are among the most sensitive concerns in the realm of personal injury, enabling family members left behind to take legal action for the death’s injury. In Illinois, the process of filing a claim is more restricted than in other jurisdictions because laws specify who can file a claim. The purpose of this article is to help practitioners in understanding, in detail, these laws, the steps involved, and how reviewing medical records can improvise their scope of practice in wrongful death cases.
Understanding Wrongful Death Claims
What is a Wrongful Death Claim?
Broadly, a claim for wrongful death is a claim demanding compensation for a death of a person who had dependents. The dependents are entitled to the compensation amount of medical expenses, burial expenses, wages not received, and emotional distress.
The Illinois Wrongful Death Act
In Illinois, a party intending to file a wrongful death claim will be guided by the Illinois Wrongful Death Act (740 ILCS 180). This act sets out the parameters within which a claimant can file for the claim and the specific people that would be able to claim it, among other things.
Who Can File a Wrongful Death Claim in Illinois?
Primary Eligible Parties
- Surviving Spouse: The spouse of the deceased has the primary right to file a wrongful death claim.
- Children: If there is no surviving spouse, the children of the deceased can file the claim.
Secondary Eligible Parties
If there is no surviving spouse or children, the following relatives may file a wrongful death claim:
• Parents: The deceased’s surviving parents.
• Siblings: The deceased’s brothers and sisters.
Role of the Personal Representative
In Illinois, the representative of the estate is responsible for such a claim. The representative is usually selected in a probate court, which delegates the authority to administer the estate of the deceased, and therefore is answerable to the estate and the appointed survivors.
Key Considerations for Filing a Wrongful Death Claim
Time Limits for Filing
Filing a wrongful death lawsuit in Illinois must be completed within two years following the date of death. Lawyers must keep track of it to make sure the claims are filed on time.
Proving Negligence
In a wrongful death claim, the burden of proof lies on the plaintiff to demonstrate that the defendant failed to exercise reasonable care in their actions resulting in the death of the plaintiff. This usually means having adequate proof which may include the medical history, reports of the incident, and statements from witnesses.
The Importance of Medical Record Reviews
What is a Medical Record Review?
This term refers to looking through a deceased person’s medical record to determine how their injuries might have contributed to their death. It plays a critical role in establishing wrongful death claims as far as proving causation and assessing damages goes.
How Medical Record Reviews Benefit Attorneys
- Establishing Causation: It is possible to obtain medical evidence that shows the relationship between the defendant’s negligent actions and the injuries that resulted in the death.
- Quantifying Damages: A medical record review can help determine the monetary value of the damages caused by the death that may include medical expenses and income that would have been earned had the person lived.
- Streamlining the Process: All medical record review services help to collate and analyze the data collected which saves the attorney time, allowing them to focus on presenting the case.
Case Studies
Case Study 1: The Medical Malpractice Case
Overview of the Case: A misdiagnosis by a healthcare provider led to the death of a patient.
Challenges: The lawyer argued that the conditions the patient had before the event contributed towards the death.
Solutions: The lawyer performed a cut through review of the medical records and was able to find a lot of evidence which suggested negligent treatment. One medical professional was able to establish with expert testimony that the patient death was the result of a misdiagnosis.
Case Study 2: The Car Accident Case
Overview of the Case: A family lost one of its members in a road traffic accident where a person intoxicated was driving a vehicle.
Challenges: The defense tried to apportion some of the blame to the dead person claiming the victim also contributed towards the accident.
Solutions: The attorney used medical records reviews to capture the deceased’s injuries and their immediate medical treatment. In addition, effort was made to use accident reconstruction specialists to determine the negligence of the driver.
Conclusion
It is very important to know who can make a claim for wrongful death in Illinois for practitioners who represent mourning families. The same applies to professionals who obtain medical record review services as it helps establish all the necessary causation factors and damage figures. With the changing legal realities, wrongful death claims will always be an area of practice where proactive attorneys will have many opportunities to assist their clients.
