In this article, you can discover…
- Who is eligible to file a wrongful death claim in Illinois.
- How liability is determined in a wrongful death case.
- The types of compensation you may be entitled to in a wrongful death claim.
Who Files Wrongful Death Claims In Illinois?
Any individual whose passing was due to another person’s negligence has a wrongful death claim. However, as a deceased individual cannot follow through with this claim, it is generally the responsibility of their estate and descendants to file a wrongful death claim.
Are There Statutes Of Limitations For Wrongful Death Lawsuits In Illinois?
I will generally advise clients that if you think you have a claim, it is best to contact your attorney immediately. The statute of limitations surrounding your case can wax and wane depending on your circumstances, so working with an attorney who understands your situation is important. For instance, your statute of limitation would be one year if you’re filing against a government entity, but it could be two years or even longer against private entities.
Typically, you will find the statute of limitations to be around two years, but I hesitate to etch this statement in stone because this number can change based on the scenario. The details surrounding your specific claim can greatly influence the outcome, so it’s important to confer with your attorney promptly to figure out your best course of action.
How Will Liability Be Determined In My Case?
Liability is determined the same way in wrongful death cases as it would be in any other personal injury case. The overarching question is whether or not there was a third party involved in the case who neglected or ignored their duty, contributing to the unfortunate passing of your loved one.
The primary factor in determining liability, be it in a nursing home, a car accident, or a medical malpractice, is whether duties were neglected that led to the accident at hand. This is no different in a wrongful death lawsuit.
Attorney Alexander Memmen is a seasoned lawyer based in Cook County, IL, who has helped countless clients just like you navigate the complexities of wrongful death law. With nearly 20 years of relevant experience, Alexander is fully prepared to assist you in settling your wrongful death claim so that you can move forward with peace of mind.
Still have questions? Ready to get started? Contact Sharks At Law today to schedule a free initial consultation.
What Compensation Am I Entitled To In My Wrongful Death Case?
In Illinois, there are two different types of wrongful deaths, the first being a survivor act claim. A survivor act claim entails all of the claims that would have survived with the deceased parties involved in an accident. For instance, the estate of a deceased person may seek damages for pain and suffering, medical bills, and loss of life that may have occurred prior to the passing of the deceased.
On the other hand, wrongful death claims can include damages such as loss of society and loss of companionship due to losing a family member that other members of your family may have relied on financially. It is also possible that your family members rely on each other for emotional and moral support, meaning that there is a tangible loss involved with the wrongful death.
Can I Settle A Wrongful Death Claim Out Of Court?
You can settle many cases out of court, and wrongful death suits are no different. In fact, wrongful death claims are typically settled outside of court.
What Are Some Of The Biggest Challenges Of Handling Wrongful Death Claims?
One of the biggest difficulties you will experience as a plaintiff is that individuals who would normally testify for themselves are no longer able to do so as they are no longer with us. For this reason, your case comes with an added degree of complexity due to the party in question’s inability to testify for themselves.
Additionally, wrongful death cases tend to be large and well-defended, as there is often much more at stake than your average personal injury case. As these cases are larger in value, families should expect to prepare as much as possible by enlisting the counsel of a top-notch civil defense law firm.
Are You Ready To Get Started With Your Wrongful Death Case?
It can be difficult when you are Navigating Wrongful Death Claims In Illinois on your own, especially after the passing of a loved one. If you still need assistance with your case, a free initial consultation with Sharks At Law is your next best step. Get the information and legal answers you are seeking by calling (312) 586-2820 today.
Attorney Alexander Memmen is a seasoned lawyer based in Cook County, IL, who has helped countless clients just like you navigate the complexities of wrongful death law. With nearly 20 years of relevant experience, Alexander is fully prepared to assist you in settling your wrongful death claim so that you can move forward with peace of mind.
Still have questions? Ready to get started? Contact Sharks At Law today to schedule a free initial consultation.
