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IL wrongful death lawIn Illinois, what is the true definition of wrongful death? For example, if a child dies while in foster care most of his life, does the grandparent or administrator have the right to sue for damages they themselves did not have to pay? And does there have to be a crminal finding of guilty by neglect or such to pursue such cases or is simply neglect finding by DCFS enough to file this case? Any help would be greatly appreciated. Attorney answers (2)
Reputation Level 10
Answered over 3 years ago.
Wrongful Death Attorney in Saint Charles, IL.
In general, wrongful death is a death that occurs as a result of the wrongful conduct of someone else. The suit is brought on behalf of the estate of the deceased child for the benefit of the child's legal heirs. Because at least some of the damages revolve around what happened to the child, they will be recoverable even if the person who brings the case (called a special administrator) didn't personally incur them. A criminal charge or adjudication of guilt is not a necessary prerequisite. What is necessary is evidence that the child's death happened because the people who were responsible for his/her care didn't do what a reasonable parent would or should have done. Whether there are grounds for filing such a suit in any particular set of facts will require a consultation with a lawyer. One of the things that the lawyer will be interested in examining is whether the people who are the targets of the case have sufficient resources to pay in the event that suit is filed and you prevail. Your best bet is to speak with a lawyer right away to find out whether there is a case.
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Reputation Level 13
Answered over 3 years ago.
Wrongful Death Attorney in Chicago, IL.
If the foster parents did something that contributed to the death of the child and a judge or jury finds that is the casuse, you will have a cause of action. Most foster parents will have insurance which may cover any judgement. You should consult with an attorney to make sure your rights are protected. As the previous answer states, a finding by the police or any other administrative agency is not necessary.
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