Who Can File a Wrongful Death Lawsuit in Illinois? The Answer May Surprise You

Your spouse was driving north on Illinois Route 2 towards Rockton when a southbound SUV lost control, crossed the grassy median, and caused a head-on collision. Your spouse suffered catastrophic injuries and died at the scene of the crash. You found out later that the driver of the SUV was driving under the influence of alcohol. You are devastated and angry—trying to comfort your children and hold your family together.

If the deceased victim left a will, the person or entity—such as a relative, bank, or trust company—named as executor of his estate has the authority to file a wrongful death suit. If the deceased did not have a will, an administrator is appointed by the court to assume that role. The executor or administrator has the legal authority to determine whether to file a wrongful death lawsuit, who to file against, and whether to accept a settlement offer.

Following are the responsibilities of the executor or administrator in a wrongful death suit:

• Represent the interests of all of the wrongful death lawsuit beneficiaries
• Respond to pre-trial discovery requests from the defense team
• Be present at court hearings as well as the trial
• Participate in settlement negotiations
• Update beneficiaries on case progress
• Proceed with prosecution and case settlement in a manner that benefits the beneficiaries
• Present the proposed settlement to the judge for approval
• Distribute the proceeds of the suit to the beneficiaries according to the terms of the court order and file proof of distribution with the court

If you have lost a loved one due to the negligence of another, call us today to schedule a meeting with one of our compassionate and experienced wrongful death attorneys. We will answer all of your questions and help you to plan your next legal steps.