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Monday, December 20, 2021
Death is inevitable, but not all deaths are the same. When a loved one dies or is killed by the action or inaction of someone else or an entity that is responsible for the death, or their conduct is in violation of the law, then the law provides a means for the deceased’s qualifying relatives to be compensated. Losing a loved one unexpectedly in a preventable incident is tragic and devastating enough, and your family deserves to have a trusted advocate in a Chicago wrongful death attorney.
Under Illinois law, a wrongful death action can be filed “by and in the names of the personal representatives” of the person who died. A personal representative is the person who is appointed to take care of the estate. This is usually a family member, but there are situations when that is not the case, and someone other than a relative is appointed as the representative.
However, a personal representative is not the only one who can benefit from a wrongful death claim and obtain compensation. Rather, section 2(b) of the Illinois Wrongful Death Act (IWDA) provides that the compensation recovered should be divided appropriately between a surviving spouse, children, or parents. So even in the case where the personal representative is not related to the person who died, the compensation from the wrongful death lawsuit can still benefit the family.
Section 2(a) of the IWDA authorizes damages for grief, sorrow, and mental suffering or the surviving spouse and next of kin. In addition, courts in Illinois will award damages for the loss of money, services, and consortium for the surviving family members.
A wrongful death case must be filed within two years of a person’s death. If the case is not filed within this two-year period, then the legal right to sue is lost unless one can demonstrate they meet certain exceptions available in the IWDA.
First, if the defendant in the IWDA was convicted of a crime in causing the death and ordered to pay into an escrow account under the Criminal Victims’ Escrow Account Act, then the statute of limitations expires two years after that account is established.
Second, if the death was the result of “violent intentional conduct,” then the deadline to file the wrongful death case is extended to five years from the date of death.
Third, if the defendant is criminally charged with certain homicide crimes, then the deadline to file the wrongful death case is one year from the date the criminal case is completed, meaning there is nothing left to be done in the criminal case and all appeals are exhausted.
If you believe you have a wrongful death case, our team at Malman Law is ready to support you. Please contact our office today for a free consultation about your options.
They are very helpful, and when it comes to getting things done with your case I had the pleasure of working with Jason Kellerman he was awesome I highly recommend them.
- Britany Weaver
I’m very pleased to recommend Malman Law to my friends and relatives! I have to mention how efficient and professional in dealing with my case has been with everyone that I’ve been in contact with at Malman Law. Mrs. Sabo is outstanding as well as her secretary and assistant in responding quickly to any of my questions or concerns. This firm has gone above and beyond to keep me updated and get answers to my questions at any time, weekends included! Malman Law rules in my opinion!
- Cheryl Wagemann
I’ve been knowing about this Law firm for many years through friends, referrals & advertisements, never I thought I would need their services because I believed things & situations don’t happen to me like this, long story short I was in a situation that I needed help & advice!!! In the right direction, I connected with the Firm & a very patient, understanding professional woman by the name of Margie assisted me in what I needed 🙂 Thank you I will refer as I was as referred as well This firm really does care!
- Elvira G.
I was rear-ended by a semi-truck on my way to work. I was transported to the hospital and my car was totaled. In the aftermath, Dan Petrich and Anna Schmidt from Malman Law helped me get set up with physical therapy and negotiated with the insurance companies to make sure the resulting settlement would cover my medical bills and a rental car until I could get a new car. I would highly recommend their services.
would do everything they could for me.
- Tony S.
I contacted Malman Lawafter my work injury. So professional from my first phone call. Mr. Malman’s investigator, Dan, came right out to our home. Everything was explained in detail so I know what to expect during this process. I certainly recommend anyone ever in need of a personal injury lawyer to call Malman Law. Truly the best!! Thanks, everyone!
- Devin Jones
Attorney Greg Lamorena was my lawyer when I slipped and fell. He kept me updated throughout the case and was always available to talk when I had questions. He is a great lawyer and could not be happier about my settlement!
- Annie Ong
Alexis was the attorney on my case! She kept me in the loop about everything with my case. If I had any concerns I was able to contact her and she’ll answer my questions right away. If you’re interested in working with Malman Law I would highly recommend Alexis she was GREAT. I would highly recommend Malman Law if you’re ever in need!
- Eugenia Cathery
They are so efficient and professional. Always available to help. Attorney Boyer was great and very good with my case. I really appreciate Malman Law. I gave them 5 stars because there is nothing higher.
- Omolewa Snyder
I have had an amazing experience with Malman law so far. From the start, Dan was super easy to work with, got me the medical attention I needed, and fast. Couldn’t ask for better communication. Neil Kilcoyne has been nothing but the best I could not recommend a better attorney. Malman Law is a 10 out of 10 law firm.
- Trevor Harris
Hi, I just want to acknowledge Jay McCarron, Kelly & the firm at Malman Law for representing me as they continue to work on my case. Thanks for keeping me updated & responding quickly to any of my questions or concerns. I would highly recommend you and your firm to friends & family. E. P.
- Ernest Pitts
Alexis was the attorney on my case and she was GREAT. She made sure I was updated on everything about my case. I would highly recommend Malman Law if you’re ever in need.
- Ariel Fleming
I had the best experience with Jason and Jay attorneys from Malman Law they really went all the way to settle my case I’m telling you there just the best!! Recommend 100%!
- Carmen Rivera
Adam Meadow acted as the attorney for a family member who was in a car accident. He was highly personable and actively listened to our issues throughout the litigation process. He was able to get us a settlement for the reparations of the accident. We would recommend their services!
- Greg Gustafson
Excellent customer service and a great experience. Malman Law handled the whole process and it was very smooth. The settlement was a great success. I would choose Malman Law again in the future.
- Malak St.Clair
Helped me out of a big jam when my auto was hit twice when and the other drivers had no insurance. Adam Meadow is the only Lawyer I will call for helping me and my daughter.
- Devri Lott
I cannot give enough praise to the team at Malman Law, for helping with my case. My children were involved in an auto collision and the attorney Adam along with his paralegal Michelle worked diligently until the matter was resolved and my entire family was happy. I would definitely recommend Malman Law for anybody going through legal troubles.
- Adrian Lopez
A close friend recommended me to Malman Law. I currently have a case with them due to a car accident I had and ever since the accident they have been taking care of everything for me without me having to worry about anything. They took care of the medical bills & helped me get physical therapy right away. I highly recommend them.
- Vanessa Leon
Bella Feinstein, Jason Kellerman, and Terry Davey have been instrumental in helping me through many difficult situations. Not only did they work to get my mom a settlement, but they have also continued to help me through the legal process of relocating my mom to a different state. I’m very grateful for their hard work and good advice.
- Nyah Vuljanic
This law firm is the best they got me paid and Malman Law kept in constant communication with me which meant a lot to me I would highly recommend this law firm to anyone who. In the position, they are awesome sincerely. Jeff walker
- Jeff Walker
Mr. Kellerman of Malman Law shows compassion for his clients. Returns calls and emails promptly, he takes time to listen to his clients, and gather facts accordingly.
- Steve Acosta
Everyone at Malman Law made me feel welcomed and heard. My lawyer, Adam Meadow, as well as staff, kept me up to date and were more than happy to do so! I would highly recommend their services. Also- a plus is many employees are fluent in Spanish. My experience was easy and worthwhile.
- Adrianna Gomez
Dan Petrich was the best man for my case of falling through my porch of an apartment I rented. He made sure I got what I deserved not only $ wise but medical wise and that my hospital bills and Dr bills were left at a $0 balance before closing my case. I was definitely happy and glad I choose him. Thank you. 5 stars
- Jose Cruz
Steve Malman helped me with my auto case. He quickly responded and answered any and all the questions I had. My case was a success as well as 2 other family members I recommended to him won their cases as well. Definitely a 5 star!
- Meagan Cruz
- Eddie Villarreal
I am very impressed with Malman Law and my experience with Tiffany Alberty. She was very professional and knowledgeable. I appreciate the great communication and never felt out of the loop. She was very patient and hard working on my case. I would highly recommend this firm. Thanks for the hard work and all your help!
- Madissen Miller
Malman Law is definitely professionals and skilled at what they do. Mr. Adam Meadow always kept me informed and never hesitated to answer my questions and was open to hearing my concerns. Wouldn’t think twice about referring them to family and friends. Thank you to all at Malman Law!
- Christina Ocon
Mailman Law, Excellent firm!! Tiffany Alberty and her assistant Margie Gallegos were super efficient and knowledgeable. Great communication—very quick response and great follow up! My case was resolved sooner than expected. I highly recommend them!
- Adriana Martinez
So glad I contacted Malman Law regarding my accident. Professional and caring. Thank you Mr. Malman. I most definitely recommend to anyone if you need the best to call Malman Law!!!
- Virgil Sanner
I really appreciated and enjoyed Yennin Calderon’s service. I called asking questions and she was so helpful. Not only did she answer all my questions and concerns. It was also a bonus that she was bilingual in Spanish! Loved the warmth she brought. Thank you!
- Jazlyn Caraballo
My experience with Malman Law was great. I worked with Attorney Tiffany Alberty and her assistant Margie. Both communicated what was going on with my case, explained the next steps, and got my case resolved early. I would highly recommend Malman Law.
- Ashley Jenkins
2 years ago I was involved in a trucking accident involving a 14-wheeler truck that nearly disabled me for life. Steve fought to make sure that I received the most possible compensation for my injuries. I was about to take the insurance company’s lowball offer, but decided to call Steve first – it was the best decision I’ve made yet
NOAH TAFFELPersonal Injury Victim