Under the 740 Illinois Compiled Statutes 180, if a person dies due to a wrongful act such as neglect, a defective product, or lack of safety measures, the person responsible for the neglect should be held accountable in a wrongful death claim. Death of a loved one results in deep emotional trauma for the family of the deceased. It may also leave the family in financial distress as well. The wrongful death claim serves to protect the family members of the deceased person so they can get compensation for the losses they might face as a result of the death.
These wrongful death lawsuits can be filed in any situation where a death occurred due to another person’s negligence. These include deaths due to:
- Medical malpractice,
- Car or truck accidents,
- Defective products,
- Workplace accidents,
- Dangerous property conditions,
- Drunk driving.
Eligibility – Who Can File the Claim
The claim can be filed by a representative of the deceased person that may be a close relative such as:
- The spouse if the deceased is married
- A parent if the deceased is a minor
- Adult child
If there was no personal representative appointed by the deceased person, it may get appointed by the court itself.
Statute of Limitations
The statute of limitations sets a time limit and a lawsuit for a wrongful death claim is supposed to be filed within it. If the case if filed after the deadline, the case may get dismissed. It is, therefore, important to contact an experienced wrongful death attorney to answer any questions about the deadline for your specific case.
Damages in a Wrongful Death Lawsuit
The reparations in a wrongful death case are meant to benefit and support the surviving spouse of the deceased or a next of kin.
According to the 740 ILCS 180/2, the court may decide the compensation depending upon the specific damages that are the consequences of the wrongful death. This includes the emotional damage in the form of sorrow, grief, mental suffering faced by the loved ones left behind. These damages are paid by the court after evaluating the circumstances to the spouse of the deceased or the kin, depending on who was more reliant on the deceased person.
If you lost a close family member due to the reckless conduct of another person, it is important that you seek justice and contact an experienced lawyer who can evaluate your situation. Contact Fisk & Monteleone Ltd at 815-962-0044 now and we can help you receive compensation for your loss.