What Constitutes a Wrongful Death?

Last updated 1 year ago

In order for family members to file a claim for wrongful death in the state of Illinois, they must be able to prove that the liable party caused the death and, had the deceased person lived, he or she would have been eligible to file for a personal injury claim for the accident. Only the surviving spouse or next of kin can file for a wrongful death claim with a personal injury lawyer.

Wrongful Death

A wrongful death occurs when an individual is killed as the direct result of negligence or unjust action of another person or entity. This may include a number of circumstances; however, some of the most common wrongful death cases are due to work related or construction incidents.  According to the Occupational Safety Health Administration and the Department of Labor, construction sites are among some of the most dangerous places to work in the state of Illinois. Wrongful deaths on construction sites may occur due to insufficient safety training, hazardous conditions, and unsafe machinery or tools.

Examples of Wrongful Death

Wrongful deaths may also due to car accidents, trucking accidents, and motorcycle accidents. Victims of wrongful death cases involving motor vehicles do not necessarily need to be a driver or passenger; for example, pedestrians and bicyclists account for a number of wrongful death victims due to negligent motor vehicle drivers. Nursing home abuse is another common cause of wrongful death. Some common causes of wrongful death in nursing homes include lack of proper care for cardiovascular disease, stroke, dementia, Alzheimer’s disease, pulmonary problems, cancer, and other malignancies. While the cause of death in these circumstances may not be directly the result of human negligence, poor treatment and improper administering of medications may have exacerbated the condition.

The injury attorneys with Malman Law have represented more than 5,000 personal injury victims in the Chicago area. Contact our office at (312) 983-6193 to set up a free consultation and learn more about your legal options. 


The materials available at this website are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. Use and access to this website or any of the links contained within the site do not create an attorney-client relationship. The opinions expressed at or through this site are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney.

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