Can a Medical Error Be a Wrongful Death Claim?
Key Takeaways Yes. A death caused by negligent medical care is a wrongful death claim like any other, brought by the estate’s personal representative. A bad outcome is not malpractice. You have to prove the care fell below the accepted standard, and that the failure caused the death. You cannot file without a doctor’s report. […]
What a Wrongful Death Personal Representative Does
Key Takeaways Only the personal representative can bring the claim. The Wrongful Death Act requires the action to be brought in their name, not the family’s. The role is fiduciary, not personal. You bring the claim for the spouse and next of kin, and the money is theirs rather than yours. You do not have […]
Who Can File a Wrongful Death Lawsuit in Illinois?
Key Takeaways Only one person can file: the personal representative of the estate. Not the spouse, not the children, in their own names. But the money is not the estate’s. It is held for the exclusive benefit of the surviving spouse and next of kin. It is not split equally. The court divides it by […]
Do You Need an Autopsy for a Wrongful Death Case?
Key Takeaways No Illinois statute requires an autopsy to bring a wrongful death claim. Cause of death can be proved by medical records, treating physicians and expert opinion. But an autopsy is often the strongest single piece of evidence, and once burial or cremation happens the chance is usually gone. In many deaths you do […]
How Illinois Splits Fault in a Slip and Fall Claim
Key Takeaways You recover as long as your share of the fault is 50% or less. The bar under 735 ILCS 5/2-1116 applies only when your fault is more than 50%. At exactly 50% you still recover, at half. Anyone who tells you 50% ends the claim is describing a different state’s rule. Every percentage […]
The 6 Things You Must Prove in an Illinois Fall Claim
Key Takeaways Falling on someone’s property is not a case by itself. Illinois makes you prove the owner was careless, not merely that you were hurt. The duty is one standard for every lawful visitor: reasonable care under the circumstances, under 740 ILCS 130/2. Customer or guest makes no difference. Notice is where most claims […]
Who Is Liable When You Slip on Ice in Illinois?
Key Takeaways Illinois property owners owe no duty to remove a natural accumulation of snow or ice. That rule decides most winter fall cases, and it is why so many go nowhere. The case turns on whether the ice was unnatural. Bad drainage, a defective surface, or a plow job that piled snow where it […]
Can You Sue Your Employer for a Work Injury in Illinois?
Key Takeaways Almost always, no. Workers’ compensation is your exclusive remedy against your employer under 820 ILCS 305/5(a) and 305/11, and the same shield covers your co-workers. That is a trade, not a punishment. You collect without proving anyone was careless, but the Act pays nothing for pain and suffering. The real question is who […]
Are Uber and Lyft Common Carriers in Illinois? The 2024 Change
Key Takeaways Illinois common carriers owe passengers the highest degree of care, a higher standard than the ordinary negligence that applies to private drivers (Illinois Pattern Jury Instruction 100.01). Uber and Lyft are now subject to common carrier liability in Illinois. The 2014 exemption at 625 ILCS 57/25(e) became inoperative on and after January 1, […]
Who Is at Fault When a Car Hits a Cyclist in Illinois?
Key Takeaways Illinois judges a cyclist by the same rules as a driver. Under 625 ILCS 5/11-1502 you get a driver’s rights, including right-of-way, and carry a driver’s duties. A driver passing you owes two duties, not one: change lanes if another is available, and leave at least 3 feet, held until safely past. Dooring […]