Pursuing Claims for Grief Under the Wrongful Death ActBy Elizabeth Felt Wakeman and Gregory J. BarryJanuary 2013Article, Page 34Thanks to a 2007 statutory change, juries are permitted to consider grief, sorrow, and mental suffering in wrongful death cases. Here's advice for trial lawyers about how to approach this relatively untested element of wrongful-death damages.
Failure to appoint an administrator before filing a wrongful-death action is not fatal to the cause of actionSeptember 2010Illinois Law Update, Page 452On July 8, 2010, the Appellate Court of Illinois, Fifth District, reversed a motion to dismiss from the Circuit Court of Randolph County, finding that an amended complaint is not necessary when the administrator of an estate is not appointed until after a wrongful death action is filed.
A murder conviction is no longer needed for application of the "slayer statute"July 2010Illinois Law Update, Page 348On April 29, 2010, the Appellate Court of Illinois, Fourth District, upheld a decision of the Circuit Court of Macon County finding that the "slayer statute" prevents an individual deemed insane for criminal purposes, but nevertheless cognizant of murdering a person, from receiving any property, benefit or other interest he may have received by a death he caused.
Scientific Evidence About Grief in Illinois Wrongful Death CasesBy Timothy J. Reuland and Shirley A. MurphyMarch 2009Article, Page 146A 2007 amendment to the Illinois Wrongful Death Act permits recovery for grief. This article discusses the evidence that makes the case for damages.
Understanding Uninsured and Underinsured Motorist ProvisionsBy Helen W. GunnarssonMarch 2009Article, Page 126UM/UIM provisions can salvage what would otherwise be a no-recovery case, but you need to understand your clients’ liability policies, not just the tortfeasors’.
Appellate court: no wrongful death for embryo before it's implantedBy Helen W. GunnarssonNovember 2008Lawpulse, Page 548 The Illinois Appellate court rules that the Wrongful Death Act does not permit suits on behalf of human embryos allegedly destroyed before being placed in the womb.
No wrongful death action for abortion to protect mother's healthBy Helen W. GunnarssonJune 2008Lawpulse, Page 278If an injured mother aborts an uninjured fetus to protect her own health, she can't recover for the wrongful death of the unborn child, the Illinois Supreme Court rules.
2007 Spring Session RoundupBy Jim CovingtonAugust 2007Column, Page 408Highlights of this year's legislative session.
Mental suffering now compensable in wrongful death casesBy Helen W. GunnarssonAugust 2007Lawpulse, Page 398Illinois becomes the 24th state to allow wrongful-death plaintiffs to recover for their grief, sorrow, and mental suffering at the loss of their loved one.
Court declines to impose social-host liability for alcohol-related deathJune 2001Illinois Law Update, Page 286On March 30, 2001, the Appellate Court of Illinois, First District, affirmed the lower court's finding that alcohol-related liability, including social-host liability, has been preempted by the passage of the Dramshop Act.
The Lawyer's JournalBy Bonnie C. McGrathDecember 2000Column, Page 686Extra protection against self-incrimination; grandparents get their (bad) day in court; and more.
The Lawyer's JournalBy Bonnie C. McGrathNovember 2000Column, Page 620A lower burden of proof for consumer fraud? Arbitration-award rejection—can secretaries sign after all? and more.
Siderail Use and Legal Liability in Illinois Nursing HomesBy June A. Braun and Elizabeth CapezutiJune 2000Article, Page 324The authors argue that routine use of bed siderails is neither good for patients nor effective defensive medicine.
