The death of a loved one is a traumatic event. It is hard to focus on your rights at such a trying time. There is a short time for recovery and it is very important that you have an experienced lawyer working for you. Let me worry about the legal rights you have, while you grieve and adjust to your new life.

Illinois Compiled Statute For Wrongful Death

The Wrongful Death Act 740 ILCS 180

The Wrongful Death Act is not a statute known as a survival statute. It is a statute that creates an independent cause of action in the decedent's next of kin for damages which resulted from the death of a person.

To sue under this statute, the act which caused the death of a person must have been caused by strict liability or negligence. The essential elements required in order to recover until the Wrongful Death Act are:

(1) A duty the defendant owed toward the deceased person;

(2) A breach of said duty;

(3) The damages were a direct and proximate cause of the breach of the duty.

(4) Actual damages.

Every action brought under the Wrongful Death Act must be brought by and in the name of the deceased's personal representative.

Damages

The surviving spouse is entitled to benefits that would have been received from the continued life of the deceased person, including, loss of support, loss of society, and loss of consortium.

If your loved one has been killed please contact my office immediately.
Peter M. LaSorsa
309-712-1145
pmllaw@yahoo.com
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