Wrongful deaths ripple far beyond the immediate family. While loved ones bear the personal loss, these tragedies often reveal unsafe practices, systemic failures, or negligence that can put countless others at risk.
Pursuing a wrongful death claim does more than seek financial support for the family. It can hold negligent parties accountable, spark safety reforms, and encourage institutions and businesses to take action to prevent future harm.
What Is a Wrongful Death Lawsuit?
In Illinois, a wrongful death lawsuit may be filed when a person or organization’s negligence, misconduct, or failure to act caused the death of another person.
State law specifies that only the personal representative of the deceased person’s estate may file the lawsuit. However, any compensation recovered will be distributed among the deceased’s family members.
It’s important to note that because wrongful death lawsuits are civil actions, they are completely separate from criminal cases. If the person responsible for the death is charged with a crime, they may face a wrongful death lawsuit as well. However, the family of a deceased person may file a wrongful death lawsuit even in the absence of criminal charges.
For example, imagine that a father is hit and killed by a drunk delivery driver. The delivery driver is charged with DUI and is eventually convicted. Although the conviction holds the driver criminally responsible, it doesn’t help the victim’s family financially recover. It also doesn’t address any potential negligence on the part of the delivery driver’s employer.
In this situation, the father’s personal representative, who could be his spouse, may choose to file a wrongful death lawsuit naming both the delivery driver and their employer as defendants. If it is revealed that the delivery company was negligent in some way, such as if it knew the driver had a history of driving intoxicated and it did nothing to address the danger, it could be found civilly liable and ordered to pay the family damages.
Why Wrongful Death Cases Matter
What many people don’t realize is that wrongful death cases can benefit almost everyone. Here’s how:
1. Providing Support for Families
As previously mentioned, the primary purpose of a wrongful death case is to secure compensation for families. This may include compensation for:
- Loss of future income
- Loss of health insurance and other benefits
- Loss of companionship and support
- Pain and suffering
It isn’t about trying to make up for the death, no amount of money can do that, but helping surviving family members adjust to life without their lost loved one.
2. Preventing Future Harm Through Accountability
Wrongful death settlements and verdicts are for the benefit of families first and foremost, but they can also deter individuals, businesses, and institutions from committing further harm in the future.
Here’s an example. Imagine that a manufacturer of playground equipment begins using inferior screws to save money. On one of its jungle gyms, the screws break, causing a collapse that results in the death of a child. The parents of the child file a wrongful death lawsuit and win.
In response to the lawsuit, the manufacturer immediately recalls all affected products and installs proper screws. It also implements rigorous testing procedures to ensure screws and other fasteners won’t suddenly break.
These changes can’t bring back the child whose life was lost, but they have almost certainly saved other children from serious injury or death.
3. Shining a Light on Negligence
Some businesses believe any publicity is good publicity. However, being named as a defendant in a high-profile wrongful death case can seriously damage the reputation of any company or individual.
Businesses that have faced wrongful death lawsuits will often make changes to avoid further legal action. But sometimes, these lawsuits are so effective in spotlighting negligence that they inspire change at industry- and government-wide levels.
One example involves the 2021 Edwardsville, Illinois, tornado that destroyed an Amazon warehouse, killing six. Family members of deceased workers filed multiple wrongful death lawsuits. Although many of the lawsuits have yet to be resolved, Amazon, Edwardsville, and Illinois as a whole have already made meaningful changes.
Amazon hired a meteorologist and established severe weather procedures for employees. Edwardsville updated its building codes to require stronger walls. And the Illinois General Assembly convened a task force to evaluate warehouse safety.
Whether the families of the deceased workers get justice in the courtroom remains to be seen. However, by drawing attention to negligence and industry-wide dangers, these cases are already making a difference.
How Families Can Seek Justice
It’s easy to feel powerless after losing a loved one, especially if that loss happened because of another person’s negligence. However, reaching out to a wrongful death lawyer can help families start moving toward justice.
An attorney can investigate the incident to uncover evidence, calculate damages, and guide grieving family members through the legal process.
Although compensation for families is the main goal of any wrongful death case, a successful one can have a far-reaching impact, sending a powerful message that negligent people and businesses aren’t immune from accountability.
Disclaimer: The content in this article is provided for general knowledge. It does not constitute legal advice, and readers should seek advice from qualified legal professionals regarding particular cases or situations.
