Stateville Correctional Center Faced with Wrongful Death Claim

 Posted on January 09, 2025 in Wrongful Death

A wrongful death claim against the Stateville Correctional Center was filed on November 14, 2024, regarding the death of a 51-year-old man who died in June while in custody of the Illinois Department of Corrections. The lawsuit claims that the correctional center breached the duty of care owed to prisoners by consistently and negligently ignoring the man’s requests for a doctor. The decedent had bronchial asthma, along with high blood pressure. Heat stress at the time was named as a contributing condition to his death.  

The lawsuit alleges "deliberate indifference" to the man’s medical needs while also claiming that the prison population in Stateville Correctional Center as a whole consistently receives inadequate healthcare. More specifically, the allegations state that it is common for delays to occur both in the response to emerging health issues as well as in contacting emergency medical services for inmates.    

The family noted in their lawsuit that their loved one’s asthma was severe. Because of that, the man had requested a low-floor cell, yet despite empty cells on the bottom floor, he was assigned to a cell on the fifth floor. The fifth floor is both the highest in the prison as well as the hottest, with no ventilation to speak of. If you have a family member who died as a result of another’s negligence, it can be beneficial to discuss the issue with an experienced Chicago, IL wrongful death attorney.

What is a Wrongful Death Claim?

A wrongful death claim occurs when a person dies as the direct result of the negligence of another person or entity. The personal representative for the family of the decedent can ask for funeral and burial expenses, lost future wages (if the decedent contributed significantly to the family expenses), loss of consortium, loss of guidance and care, and even loss of future inheritance in some cases. Each state determines who can file a wrongful death claim as well as the statute of limitations for such a claim (two years from the date of the death in Illinois).

Who Is Allowed to File a Wrongful Death Lawsuit in Illinois?

Illinois allows the decedent’s executor to file a wrongful death claim as the legal representative of the estate. The lawsuit must be filed on behalf of specific survivors, according to how they are related to the decedent. The Illinois Wrongful Death Act allows a wrongful death claim when the death is the result of negligence, neglect, or a wrongful act. The lawsuit may be filed on behalf of the surviving spouse and/or the decedent’s children. The decedent's personal representative can file on behalf of parents or siblings if there is no spouse or children.

Could a Wrongful Death also Be a Criminal Matter?

Under certain circumstances, a wrongful death claim – which is a civil matter – could trigger a criminal investigation as well. For example, suppose an impaired driver hits another car driven by a woman. The woman dies as a result of her injuries, and the personal representative for her family members files a wrongful death claim against the impaired driver. The police will likely also charge the impaired driver with DUI and vehicular homicide, which, in most cases, benefits the civil wrongful death claim.  

What is the Difference Between a Wrongful Death Claim and a Survival Claim?

Under the Illinois Survival Act, a survival claim addresses the damages incurred by the decedent prior to his or her death, much like a personal injury claim. In the example above, a woman was hit by an impaired driver, causing her death. If, however, the woman was hospitalized for several months prior to her death, a survival claim would address damages like medical expenses, lost wages, personal property damage, and any pain and suffering experienced by the woman before she died.  

Contact a Chicago, IL Wrongful Death Lawyer

If your loved one was killed as a result of another’s negligence, speak to a knowledgeable Chicago, IL wrongful death attorney from Winters Salzetta O'Brien & Richardson, LLC. Our attorneys understand the emotional and financial toll the death of a loved one can take on a family. Call 312-236-6324 to schedule your free consultation to discuss your wrongful death claim.