How to Prove Fault for a Wrongful Death Claim
Personal Injury,Wrongful Death - October 22, 2021 by Horwitz, Horwitz & Associates
Anytime a person loses their life due to the careless or negligent actions of another individual, business, or entity in Illinois, the family members and estate of the deceased should be able to recover compensation. However, these cases can become challenging, particularly when it comes to proving liability. Here, we want to discuss how to prove fault for a wrongful death claim in Illinois. It is crucial for family members and the personal representative of the deceased’s estate to work with a skilled attorney who can handle every aspect of these claims.
Work With a Skilled Illinois Wrongful Death Attorney
It is absolutely crucial to work with a skilled Illinois wrongful death attorney in these situations. It is not uncommon for family members to think that they can handle these claims by themselves without legal representation, but this is flawed thinking. The reality is that the at-fault party and their legal teams will have the resources necessary to defend themselves against any allegations of wrongdoing.
In order to prove fault in a wrongful death case in Illinois, the estate and family members need an attorney who has the resources necessary to stand up to the other parties involved. A Chicago wrongful death attorney can investigate every aspect of the claim and recover the evidence needed to prove liability.
Evidence Needed to Prove Liability for an Illinois Wrongful Death Claim
Proving fault for a wrongful death case in Illinois revolves around gathering as much evidence as possible. The types of evidence gathered in these situations will vary depending on the facts and circumstances surrounding each particular wrongful death situation. For example, the types of evidence needed to prove wrongful death after a car accident will certainly be different than the types of evidence needed to prove a medical malpractice wrongful death claim.
In general, the most common types of evidence used to prove liability for an Illinois wrongful death case include:
- Statements from any eyewitnesses who saw the incident
- Photograph taken at the scene of the incident
- Any video surveillance from nearby cameras
- Safety or disciplinary records of the at-fault party
- Police or accident reports
Please understand that it is not easy to obtain the evidence needed to prove liability for wrongful death claims. An attorney will most certainly have to go through the court system and obtain subpoenas in order to obtain the evidence they need to make their case.
Often, it is not possible to completely determine liability based on the evidence that is gathered. It may be necessary to work with trusted third-party experts who can evaluate the evidence and determine what happened. For example, for a vehicle or truck accident, this may involve working with an accident reconstruction expert. For medical malpractice claims, independent medical experts may need to be consulted.
Time Limit to File an Illinois Wrongful Death Lawsuit
It is crucial for the estate and family members of the deceased to understand that they have a limited amount of time to file a lawsuit in these cases. In general, the Illinois wrongful death statute of limitations is two years from the date of death. If a wrongful death claim is not filed within this time frame, the estate and family members will likely lose the ability to recover the compensation they are entitled to.
