Death is never easy to accept. If you lost a loved one due to a preventable accident, you and your family could be entitled to monetary damages. Contact a skilled wrongful death lawyer to learn more.
Some deaths are not preventable. Other deaths occur because someone else acted negligently. If you lost a loved one under the latter circumstances, you have the right to compensation. Perhaps a drunk driver took the life of your family member, faulty safety equipment at work failed to prevent their death, or maybe a surgeon that was going to save their life ended up committing medical malpractice. Whatever the situation surrounding the death of your loved one, contact experienced Chicago wrongful death lawyers to learn more. No amount of money will ever bring your loved one back, but it can help ease the stress of life moving forward.
Under Illinois law, wrongful death occurs when a wrongful act or neglect causes someone who could have filed a personal injury lawsuit to die. For example, if someone suffered injuries in a car accident arising from negligence or willful misconduct of another driver, they could file a personal injury lawsuit. However, if their injuries lead to their death, a personal representative can file a wrongful death claim on their behalf. Any funds recovered can be used to pay for funeral/burial expenses, and family members can also be compensated for the emotional loss of their loved one.
When a loved one dies, the family has two options in filing a wrongful death lawsuit. They can seek financial compensation under the Illinois Wrongful Death Act or Survival Act.
According to the Illinois Wrongful Death Act 740 ILCS 180/1, a person’s death is considered to be a wrongful death when it is caused by another person’s “wrongful act, neglect, or default.” A lawsuit under the Wrongful Death Act is brought on behalf of the deceased’s spouse, children, or next of kin.
In contrast, the Illinois Survival Act allows family members to recover damages on behalf of the deceased. A survival action enables the deceased’s estate to recover for expenses such as lost earnings, medical bills, physical disability compensation, and even property damage. Any monetary award allows the next of kin to cover incurred expenses from their family member’s passing.
In Illinois, a wrongful death lawsuit must be brought by the deceased’s personal representative. If the estate is being probated, the personal representative must follow certain procedures with the probate court.
Wrongful death lawsuits under the Wrongful Death Act and Survival Act must be filed within two years of your loved one’s death. Under normal circumstances, if a wrongful death suit is brought to court after the two-year mark, then the family will be ineligible to recover.
The statute of limitations places a deadline on when legal action can be taken. While the Survival Act only allows families to recover for two years after the incident took place, claims under the Wrongful Death Act must be filed within two years of the loved one’s date of death. Many times, the date of the incident and the date of death may be several weeks or months apart from each other. This can be confusing, especially if your family member survived the traumatic event, then ultimately succumbed to their injuries after a lengthy period of time.
However, there are several exceptions to this rule that would increase the amount of time available to begin a lawsuit. If the death was the result of violent intentional conduct, the deadline can be extended if the defendant is charged with:
Then, legal action may be taken up to five years of your loved one’s date of death in accordance with the Wrongful Death Act and five years of the date of the wrongful incident for the Survival Act.
The family seeking compensation on behalf of their loved one may be eligible to receive the following compensation:
There is no cap on damages in Illinois for wrongful death lawsuits.
Although a wrongful death doesn’t usually stem from an “accident” but rather a preventable incident arising from negligence, here are the most common causes of wrongful death accidents in this state:
If you lost a loved one because of the negligence of another person or party, you don’t have to travel this road alone. You have legal rights, and a wrongful death attorney can help you as you navigate one of the most difficult times of your life. Receive your free no-obligation consultation with the compassionate wrongful death lawyers at Malman Law today by calling (312) 629-0099 or using our online contact form.