Sometimes Courts Get it Wrong

Sometimes Courts Get it Wrong

A woman has filed a petition in Cook County to reverse the dismissal of a wrongful death case involving her husband. Originally, a case was filed against a hydraulic company alleging wrongful death as well as product liability. The case was dismissed because the defendant had declared bankruptcy. The case was delayed and ultimately dismissed when a docketing mistake caused the lawsuit to be filed past the deadline. The new case requests that the original lawsuit be reinstated. There is case law that shows legal precedent for reinstatement of the case.

Wrongful Death Lawsuit

The original lawsuit was filed based on the facts listed in the paperwork. According to documents, the woman’s husband died as a result of injuries sustained due to a possible equipment malfunction operation mistake. The lawsuit names the company that owns and operates the equipment. In a wrongful death lawsuit such as this one, the heirs of the deceased person may be eligible to receive monetary compensation for damages caused by the untimely death. There are two main qualifications that typically must be met in a wrongful death lawsuit, liability and negligence. In this case, the lawsuit alleges that the owners of the hydraulic company were responsible for the man’s death.


Damages are the costs that were incurred as a result of the wrongful death. If liability and negligence are proven, damages are then considered. Some of the most common damages in such a lawsuit include:

  • Money for medical costs;
  • Lost wages;
  • Pain and suffering;
  • Loss of enjoyment of life;
  • Funeral expenses; and
  • Legal fees.

Medical costs can become extreme when the victim undergoes medical procedures like surgery. Other considerations may be whether the person has young children and whether the person is the primary breadwinner for his or her family. It is necessary to seek legal guidance in cases of wrongful death.

Complicated Legal Procedures

The legal process can be complex. In this particular case, the victim’s wife had been trying to get justice for quite some time. When a case is dismissed, it does not necessarily mean that the claimant cannot receive compensation. This case demonstrates that there is a need to get legal relief, even after a case was dismissed. A skilled attorney knows how to review your case and find the necessary legal documentation to back up the request for a reinstatement. Of course, these types of situations can become very complex and legally intense.

Seek Help from an Experienced Wrongful Death Attorney

If your loved died as the result of the negligence of another, you may be entitled to damages. Nothing can bring back your loved one and no amount of money can replace a human life. However, it is fair to want to get the money that you and your family have lost because of the death. Many wrongful death lawsuits are settled before going to court. You need an aggressive legal team on your side to seek the money you deserve. Contact the experienced wrongful death lawyers at Michael T. Friedman & Associates, PC for a consultation to discuss your case.



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