Illinois Wrongful Death Attorneys

How Wrongful Death Claims Work in Illinois

Wrongful death claims in Illinois provide a legal avenue for seeking compensation when a person’s death happens due to another party’s negligence, recklessness, or intentional actions. These claims allow surviving family members to hold responsible parties accountable and receive financial compensation for the damages resulting from losing their loved one.

Eligibility to File

In Illinois, the deceased person’s surviving spouse, children, or next of kin can file a wrongful death claim. If none of these individuals are available, a personal representative of the deceased’s estate may initiate the claim.

Time Limit (Statute of Limitations)

The statute of limitations for filing a wrongful death claim in Illinois is generally two years from the date of the person’s death. It’s crucial to adhere to this timeline, as failing to file within the specified period can result in the claim being barred.

Establishing Liability

To succeed in a wrongful death claim, the plaintiff (the person filing the claim) must prove that the defendant’s negligent or intentional actions were a direct cause of the person’s death. This involves demonstrating that the defendant owed a duty of care to the deceased, breached that duty, and that the breach directly led to the fatal incident.

Wrongful Death Damages

Wrongful death claims seek to compensate surviving family members for the financial, emotional, and practical losses they have suffered due to the death of their loved one.

Damages you may recover include:

• Medical expenses
• Funeral costs
• Lost income
• Loss of companionship
• Pain and suffering endured by the deceased before death

Survival Actions

In Illinois, the state allows for both wrongful death claims and survival actions. Survival actions cover the pain, suffering, and other damages the deceased person experienced between the time of injury and death. The estate of the deceased person typically brings survival action claims.

Wrongful death claims can resolve directly through insurance settlements negotiated between the parties or by going to trial. Our experienced attorneys can often obtain a favorable settlement, which wraps up the case sooner and allows your family to move on. However, if we need to file a lawsuit and pursue a civil court case, we are ready to do so.