Is It Hard to Win a Wrongful Death Lawsuit?

 Posted on June 07, 2024 in Wrongful Death

In the world of personal injury, some claims are easier to win than others. The level of difficulty depends on factors such as:

• The severity of the injury

• The amount of evidence

• The competence of the personal injury attorney

When it comes to wrongful death claims, there are factors that make such lawsuits both easier and harder to win. On the one hand, a wrongful death lawsuit involves death, the worst kind of injury. On the other hand, some damages in a wrongful death lawsuit are harder to get compensation for because they are harder to prove.

What Is Wrongful Death?

According to the Illinois Wrongful Death Act, wrongful death happens when a person dies as a result of someone else’s “wrongful act, neglect or default.” One of the most common examples of a wrongful death is when a person is killed by a drunk driver. In a wrongful death case, relatives of the deceased victim sue the party who they believe is responsible for the death. 

What Is Easy About a Wrongful Death Lawsuit?

Compared to other personal injury lawsuits, one thing that is often easier about wrongful death lawsuits is that there is usually a lot of evidence. With less severe injuries, such as broken limbs, it can sometimes be difficult to prove the cause of the injury. In the case of a wrongful death lawsuit, however, there are typically police and coroner reports pointing to the cause of death.

Is It Hard to Sue for Damages in a Wrongful Death Lawsuit?

In wrongful death lawsuits, the victim’s relatives can sue for different types of damages, though some are harder to claim than others::

• Economic damages: These include damages that can be quantified, such as medical bills, funeral costs, the loss of financial support provided by the deceased, and more. The victim’s family can sue to recover the money they paid for these expenses. This is the easiest tier of damages to claim.

• Non-economic damages: These are damages that are not financial, meaning they did not cost the victim’s family money. They include pain and suffering, emotional distress, loss of love and intimacy, loss of guidance and nurture, and more. These are harder to prove than economic damages.

• Punitive damages: These are damages that have nothing to do with compensating the victim’s family for a loss, but rather are designed to punish the perpetrator. It is rare to win a claim for punitive damages, which are usually reserved as a punishment for an act that was particularly egregious.

Contact a Springfield, IL Wrongful Death Lawyer

One of the main factors that determines whether or not you will win a wrongful death lawsuit is the skill of your Champaign, Illinois wrongful death attorney. At Kanoski Bresney, our attorneys are skilled at recovering the most compensation possible for our clients, and we excel at winning claims for many different kinds of damages in wrongful death cases. Call 888-826-8682 for a free consultation and to start building your case today.