Reply #58: Her parents can sue on her behalf

[AngryAmish]

Otherwise there would be no lawsuit for wrongful death under any circumstances.

First is the survival action. That is for losses (including pain and suffering) that happen before the death. The proceeds would flow into her estate, which go to the parents presumably.

Second, there is damages for the wrongful death itself. It varies by state, but her parents, siblings, etc. sue for grief and pecuniary losses (including loss of society - missed value of having someone around for advice, helpfulness etc). In Illinois there is a presumption of pecuniary loss when a child, parent or sibling is wrongfully killed.

Right to confront your accuser is a constitutional right pertaining to criminal law. I'm not sure you understand how it works. In a murder, reckless homicide, etc. the person is dead but a person can still be convicted of the crimes. Here is how it works: Someone says you committed a crime. You have the right to cross examine the person who says you did the crime.