Losing a loved one can be one of the hardest moments of your life, even more so when their death results from someone else’s failure. The sudden absence of a relative or spouse can leave you feeling empty and lost. You want the person responsible held accountable, but it feels like you are drowning in grief.

First, breathe. Feel your grief. And once you’re ready, start reading. Take as many breaks as you need. Below, we’ll walk you through what a wrongful death lawsuit is and how to file one; then, we’ll discuss healthy grieving. As tough as it will be, you should follow through on prosecuting the people who caused your loss. If not for yourself, then to protect others who could become victims as well. The good news is you won’t handle the lawsuit on your own.

What is a Wrongful Death?

A wrongful death occurs when one person dies due to the legal fault of another. This covers an array of cases, from car accidents to medical malpractice. A wrongful death claim is different from a criminal homicide case or survival action.

Criminal Homicide

The state is pursuing charges that can lead to jail time, fines, probation, and more. The prosecutor must prove guilt beyond a reasonable doubt. There must be intent for murder to be proven. Family can file a civil wrongful death lawsuit regardless of criminal charges.

Survival Action

The victim initially survives but eventually succumbs to their injuries. The action seeks to hold the perpetrator liable for medical bills, pain and suffering, and related losses from the time of the incident to death. These damages are paid into the deceased’s estate. It works as though the lawsuit is being made on behalf of the deceased rather than the family.

Wrongful Death

The family or estate of the victim is seeking compensation for losses, both financial and personal. The bar for the burden of proof is much lower than that for a criminal case.

In Chicago, only the person in charge of the deceased’s estate can file a wrongful death lawsuit. In some instances, a spouse or adult child can file a preventable death lawsuit for compensation. The lawsuit examines the defendant’s involvement, from negligence to illegal acts that may have caused the loss of your loved one.

Many wrongful death lawsuits settle. The purpose of the lawsuit isn’t to put a price tag on your loved one’s life; it’s to help you cover costs in their absence and to help you move forward. A settlement typically looks at the deceased’s age, income, and life expectancy; the relationship between the plaintiff and the defendant; and state law. If the defendant settles or loses the lawsuit, then compensation is based on the following damages:

Non-Economic

Anguish, Pain, and Suffering of the deceased.

Loss of consortium/emotional support by a spouse or immediate family.

Loss of instruction and guidance to children.

Financial/Economic

Medical expenses

Lost financial support, e.g. income

Lost inheritance

Funeral and burial expenses

Punitive Damages

Specifically meant to punish the wrongdoer in the event they acted recklessly or intentionally

7 Essential Steps to Pursue a Wrongful Death Lawsuit in Chicago

A lawsuit can sound overwhelming, especially in the midst of grief. It doesn’t help that our legal system is immensely complicated. To help you digest what’s to come, we’ve broken down the process into seven steps.

Contact a law firm

The first and most important step is to find a wrongful death lawyer to help you. Your lawyer will handle several aspects of the case, including helping you through the paperwork and handling matters in court. They will also ensure you receive everything to which you are entitled.

Get a copy of the death certificate

You will need this will be essential evidence, as it is verified by a coroner and marks the precise date, time, and cause of death

Identify all survivors with a right to file a wrongful death claim

Your lawyer can help you go through the list of family members to determine who qualifies.

Appoint a representative

Determine who will work with your lawyer and handle the paperwork and court. This can be any of the eligible survivors determined above. If there was a will with an executor, then the executor will have to handle matters.

File all necessary paperwork before the statute of limitations expires

Your lawyer will ensure this happens, so follow their instructions.

Review insurance coverage of all involved insurance companies

Between the victim’s insurance and the wrongdoer, many medical expenses may be covered. Your lawyer will help ensure that the companies pay out what they owe.

Calculate the expenses that resulted from the incident

This will determine a base compensation for you to seek in the case. A wrongful death lawyer in Chicago can help you determine what expenses qualify.

Coping with Loss

You made it through the essential information. Now, it’s time to focus on you. Your mental health matters. Grief is never easy, regardless of how the loss came to be. Similar to the steps for a case, your first assignment is to find support. This can be a grief support group, family, friends, or any combination of the above. You may also consider a grief counselor.

Everyone grieves differently, and there is no correct ‘timeline’ for grief. Don’t feel like you have to conform to what others expect. If you find a counselor, they can help you work through coping mechanisms until you find what fits you. Everything else is a suggestion to help get you through.

Acknowledge your grief

Allow yourself to feel

Recognize that your grieving process will be unique

Preserve memories of your loved one

Attend memorial services

Talk about your loss and memories

Take care of yourself

Ask for support or help

Set a sleep schedule

Structure your day with a simple routine

Set goals

Take extra time before making major decisions

Keep active and watch your health