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 decendant'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 under the wrongful death are:
1. A duty by the defendant owed to the deceased person;
2. A breach of said duty;
3. Damages which were a direct and proximate cause of said breach of duty;
4. Actual damages.
Every action brought under the Wrongful Death Act must be brought in the name of the deceased person's personal representative.
Damages
The surviving spouse is entitled to benefits that would have been received by the deceased person had he survived including loss of support, loss or consortium and loss of society.
Please contact me immediately to protect your rights.
Peter M. LaSorsa
309-712-1145
pmllaw@yahoo.comYou can call seven days a week 24 hours a day.
I have two offices to better serve you. Contact me at either address, by phone or email.
Mapleton Office Chicago Office
7109 S. Ridgebrook Dr. 1 South Dearborn
Mapleton IL 61547 Suite 2100
Chicago IL 60603
