When a person suffers serious injuries, the impact on their own life is clear. An injury victim may struggle with physical pain and limitations, mental stress, interruptions to their daily life, and financial challenges. However, it is also important not to overlook the impact on a victim’s family, especially if the injuries are ultimately fatal. Fortunately, surviving family members have the ability to recover compensation through a wrongful death claim when their loved one is killed due to someone else’s negligence.

When is a Wrongful Death Claim Possible?

As with a personal injury claim, a wrongful death claim requires evidence of negligence that led to the injuries suffered. Commonly, wrongful death claims are filed in response to motor vehicle accidents, whether the injuries are immediately fatal or they result in fatal complications later on. A wrongful death claim may also be warranted after other types of fatal incidents, including construction and other work-related injuries, medical malpractice, and nursing home abuse or neglect.

Recovering Compensation

Illinois law requires that a wrongful death claim be brought by the victim’s estate, meaning that whoever serves as the estate executor or administrator is responsible for initiating the claim. However, any damages recovered will be distributed to the victim’s spouse or next of kin. If multiple surviving family members were dependent on the deceased for financial support, the recovery will be allocated accordingly.

In Southfield, Michigan, a woman was wrongfully declared dead, eventually leading to her death and the family’s subsequent lawsuit against the city and the responders at the scene. 

Wrongfully Declared Dead Woman Discovered Alive at Funeral Home

20-year-old Timesha Beauchamp passed away in October following severe brain damage, which allegedly resulted from first responders wrongfully declaring her dead after finding her unresponsive at home in August. Beauchamp had cerebral palsy.

Beauchamp’s family discovered her unconscious in their home and called emergency services. A team of four first responders attempted to revive Beauchamp with CPR before ceasing and declaring her dead at the scene.