Have you recently experienced a wrongful death of a loved one? Knowing the wrongful death laws in Illinois can help you navigate the legal process and help ensure you get the compensation your family deserves. Understanding some of the laws can feel complicated and frustrating, but we are here to help.
Every state defines wrongful death slightly differently. In Illinois, it’s defined as when a person dies as the result of someone else’s wrongful act, neglect, or default. If the person was still alive and could bring a personal injury claim against the other person, then a wrongful death suit can also be filed.
In a wrongful death case, the person is no longer alive and someone else will file a wrongful death claim on their behalf rather than a personal injury claim. Most wrongful death claims come from negligence-based incidents such as a car accident, medical malpractice, or intentional acts such as a crime.
As with how a wrongful death is defined, who can file a wrongful death claim in Illinois is also different compared to other states. Family members can’t file wrongful death suits in Illinois, there has to be a personal representative. It will be the same person who was put in charge of the estate in case of death.
If the person has died without a personal representative, the court has to appoint one. They will also have to deal with the estate and the belongings of the deceased person. Sometimes the court will appoint a family member or someone who was close to the person who passed away.
The damages awarded in Illinois are to compensate the deceased person’s survivors for financial losses and intangible losses. This can include loss of financial support, loss of consortium, loss of instruction and moral training that could have been provided to children, and compensation for the survivors’ grief and sorrow.
Illinois has no cap on the amount pursued in damages. An attorney will be able to work with you to decide how much you are eligible for.
From the time of death, you have two years to file the suit in Illinois. If your loved one has died and you want to file a wrongful death suit, you need to start the process right away.
Experiencing the wrongful death of a loved one is difficult and having the right attorney by your side can help ensure you get the care and compensation you need to move on.
When you’re ready to get justice for your loved one, contact a Chicago wrongful death lawyer. Schedule a free consultation with Lane & Lane, LLC by calling 312-332-1400 or by visiting them online.
