Some personal injury lawsuits give rise to several causes of action. This can create major complexities and procedural issues that are best handled by a seasoned Illinois personal injury lawyer. A recent wrongful death case and malicious prosecution case demonstrates the wide variety of legal actions that can arise from one incident.
A licensed physician was married to the plaintiff’s son. The son died in 2008 when he fell off a ladder outside of his residence. The wife was appointed as administrator of the estate because the son died intestate. A dispute arose between the wife and plaintiffs regarding the son’s assets. While that dispute was pending, the plaintiffs filed a wrongful death action against the wife, claiming that she prescribed the son Ambien even though a side effect of the medication was sleepwalking and the wife knew of the son’s existing propensity for sleepwalking. In sum, the complaint alleged that it was negligent and careless to prescribe the son Ambien and that doing so was the proximate cause of his death.
The wife claimed she never received service of the wrongful death complaint and only learned about its existence in 2010 when reading a newspaper article. She alleged that she was contacted to appear on the television show Dr. Phil to discuss Ambien. She also alleged that the claim was reported to her malpractice insurance carrier and other public entities. The probate dispute later resolved and the plaintiffs dismissed their wrongful death lawsuit.