Wrongful Death Proceeds Denied to Biological Parents

The Chicago Daily Law Bulletin reported on a Cook County appellate court decision stating that the biological parents of a young woman who died while in foster care are not eligible to receive proceeds from a wrongful death lawsuit. The young woman was a ward of the court who had been placed in foster care because her parents were unwilling to care for her, and also to protect her from her biological mother's neglect. According to the Chicago Daily Law Bulletin, the woman's parents had renounced their rights to assets from her estate by signing a waiver. On appeal, the public administrator argued that "loss of society" damages could not be considered to be an asset of her estate, but the court disagreed. The lawsuit had alleged that the woman suffered a fatal seizure caused by negligence on the part of her foster mother, physicians, and others.

 

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