Death is a very difficult and sensitive topic to deal with. Except in some exceptional situations, a death in a family usually means suffering of a loved one somewhere.
Even when there are predictions of death in cases when an individual is terminally ill, the onslaught of emotions can never be prepared to. These overwhelming feelings break the brimming emotional levels if the death is unexpected and occurs due to unforeseen circumstances.
In cases where the death of an individual occurs due to a third person’s fault, then the family is shattered. There is no dearth of the emotional devastation. However, the family members of the bereaved are entitled to proper financial reimbursement. Also, the person responsible for the wrongful death is liable for the appropriate punishment and penalty and even serving the jail time.
This article throws light on the proper parties to a wrongful death case and the legal actions to be taken.
The defendant party
The defendant is the person who is the prime accused in a wrongful death. Generally, the negligent party is the defendant. In most cases, the insurance party steps in to handle the affairs of the negligent party.
The plaintiff
It becomes a complicated issue to identify the proper plaintiffs. The heirs from the family of the deceased are generally the plaintiffs for the civil cases pertaining to the damages. The Illinois state law gives preference to the closest blood relative. In most cases, if the deceased is a married individual, then his family including his wife and children and in case of a single individual his parents; become the plaintiffs.
Why does one need legal support services for the discovery of heirs?
Before a lawsuit can even commence, there is a need for the identification of the proper heir to a deceased person. This is vital because he will be representing his family and the dead person in the court. He will be responsible for the identification of evidence, testimony and receiving of reimbursements and financial compensations if any.
However, since the relationships today are unstable, finding the proper heir to a person is similar to counting stars in daytime. It is highly possible that the deceased person may have some unwanted relationships which his family members are unaware of. This can bring complexities to a case.
Here arises the need of an able attorney. An experienced and proficient lawyer will conduct an in depth research for his client and make sure that the judgement is in his and his client’s favour.
- A knowledgeable lawyer will be able to guide you in every step that you take.
- He will be able to tell you where you may be trapped and what the weaknesses of your case are.
- He is capable of turning the weaknesses of your case into strengths. This will increase the chances of verdict in your favour.
- An experienced lawyer will be able to provide better services. Having years of experience in the same domain, he will be ready to tackle difficult situations in a relatively easy way.
