Wrongful Death Attorney serving Chicago and Surrounding Areas

Wrongful Death Attorney serving Chicago and Surrounding Areas

By James Allegretti

When a person dies because of negligence by another party, the law provides civil recourse to the family of the deceased by turning toward wrongful death litigation. This article from the Chicago Sun-Times depicts an unfortunate tragedy that led to wrongful death litigation. The article discusses the wrongful death lawsuits filed against the state’s child-welfare agency. The families state that the agency missed clear warning signs that the agency had put the children with other relatives in abusive households. Unfortunately, this is not an isolated situation because the Chicago Sun-Times has reported that the number of children dying while investigated or monitored by the Department of Children and Family Services has increased. 

 In the case of 3-year old Gina Presley, her paternal grandfather, James Fountas, stated in court filings that the young girl’s maternal grandmother had contacted the Illinois child-welfare agency and the Oak Forest Police Department several times. They contacted the agency because of a belief that Gina was abused by her legal guardian’s live-in boyfriend. Mr. Fountas alleges that the DCFS did not take any meaningful steps to prevent further abuse of the young girl. When the young girl died, authorities determined that blunt force trauma resulting from child abuse was responsible for her death. The live-in boyfriend is currently facing murder charges and is awaiting trial. The family of the young girl originally decided to bring lawsuits against the DCFS and the Oak Park Police Department, but has dropped their suit against the state agency when the agency claimed that they could not be sued because of sovereign immunity. The lawsuit against the Oak Park Police Department is still pending.

What should I know about wrongful death cases?

Wrongful death is a civil, rather than a criminal, claim. When a matter is a civil claim, it means that the plaintiff may have some type of right enforced or will receive damages for the defendant. If a party wins a claim for wrongful death, it has no bearing on whether the defendant is criminally liable or will go to prison. In a criminal case, the state must prove beyond reasonable doubt that the defendant committed the crime. In contrast, in a civil suit, the plaintiff must only demonstrate by a preponderance of the evidence that the defendant is culpable.

What are the elements of a wrongful death claim?

The elements needed to prove a wrongful death claim differ across states, but the state of Illinois provides legislation regarding the elements that the plaintiff must prove to win their case. In order to win such a claim, the plaintiff must usually prove that the defendant was negligent in his conduct, and that this behavior, in part or in whole, contributed to the death of the deceased. Because the person harmed by the defendant is deceased, a family member usually files a wrongful death lawsuit.

If you have any questions concerning wrongful death litigation in Illinois, please contact Allegretti & Associates. We are prepared to help you recover compensation for the tragic loss of your loved one.