If a loved one dies because of the negligence of another party, you may be able to file a wrongful death lawsuit on that person’s behalf. In the event that there was already an ongoing personal injury lawsuit when that person died, that case may continue until it is resolved. Let’s take a look at what constitutes wrongful death and how it differs from a simple mistake.
What Is Wrongful Death?
A wrongful death occurs when an individual passes away because of a mistake made by another person or entity. For instance, a driver who causes a fatal car accident could be financially liable for that person dying. It is important to note that such a case is a civil matter as opposed to a criminal matter. However, the results of a criminal proceeding have no bearing on a wrongful death proceeding. Consulting with wrongful death lawyers in Joliet can help you learn more about how the law classifies it.
Not Every Mistake Is Caused By Negligence
It is important to know that not every error is considered to be an example of negligence. For instance, a driver who caused an accident because of faulty brakes likely didn’t intend for the accident to happen. Wrongful death lawyers in Joliet may be able to determine if the elements of negligence are present in a given case. Generally speaking, a person or entity must have violated a duty of care toward others when causing another individual to die. If an accident doesn’t result in a financial loss, a perpetrator may not be deemed negligent in the eyes of the law.
The attorneys at Block, Klukas & Manzella, P.C. may be able to help family members hold negligent parties responsible for their actions.
