What To Know About Wrongful Death Claims In Illinois

In Illinois, the loss of a loved one due to someone else’s negligence or wrongful act can lead to a wrongful death claim. Understanding who can file such a claim is crucial for seeking justice and compensation for the family left behind. A wrongful death claim allows certain family members to pursue damages for the financial and emotional losses resulting from the untimely death of their loved one.

In Illinois, the Wrongful Death Act governs who can bring a wrongful death claim. Generally, the personal representative of the deceased person’s estate must initiate the claim on behalf of the surviving family members. This personal representative is typically named in the deceased person’s will or appointed by the court if there is no will.

In Illinois, the Wrongful Death Act outlines the hierarchy of individuals who have the legal standing to file a wrongful death lawsuit on behalf of a deceased loved one. Here’s the order in which people, according to Illinois law, can typically file a wrongful death lawsuit:

1. Personal Representative of the Deceased – The personal representative is appointed by the court or named in the deceased person’s will. This individual is responsible for initiating the wrongful death claim on behalf of the surviving family members. The personal representative may be a family member or a legal representative appointed by the court.
2. Surviving Spouse – If the deceased person had a surviving spouse, the spouse typically has the right to bring a wrongful death lawsuit.
3. Surviving Children – If the deceased person had surviving children, they may also have the right to file a wrongful death lawsuit.
4. Next of Kin – If there is no surviving spouse or children, the next of kin, such as parents or siblings, may have the right to bring a wrongful death lawsuit.

It’s important to note that the hierarchy outlined in the Wrongful Death Act prioritizes certain family members based on their relationship to the deceased. Additionally, the personal representative is typically the first person responsible for initiating the wrongful death claim. If there is no personal representative appointed or named, the surviving spouse, children, or next of kin may have the right to seek appointment as the personal representative.

Understanding who can file a wrongful death lawsuit is crucial for ensuring that the legal process is initiated by the appropriate individual or individuals. Consulting with an experienced attorney can provide clarity on the specific circumstances of the case and help determine the proper course of action for pursuing a wrongful death claim.

Illinois’ Statute of Limitations in Wrongful Death Claims

It’s important to note that wrongful death claims in Illinois must be filed within a specific time frame, known as the statute of limitations. In Illinois, the statute of limitations for wrongful death claims is generally two years from the date of the deceased person’s death. In criminal cases, the deadline could be extended under Molly’s Law. Failing to file a claim within this time frame may result in losing the right to seek monetary compensation.

Why You Need Legal Representation

When pursuing a wrongful death claim in Illinois, it’s essential to seek the assistance of an experienced Illinois wrongful death attorney. An attorney can help navigate the complexities of the legal process, gather evidence to support the claim, and advocate for the rights of the surviving family members.

Furthermore, an attorney can assess the damages suffered by the surviving family members, including medical expenses, funeral costs, lost income, and the emotional pain and suffering caused by the loss of their loved one. By having knowledgeable legal representation, surviving family members can protect their rights and receive the financial compensation they deserve.

Anyone who has lost a loved one due to another party’s negligence or wrongful act in Illinois may be eligible to file a wrongful death claim. Consulting with an experienced Illinois wrongful death attorney is crucial for understanding your legal rights and options for seeking justice and compensation. With the proper legal representation, surviving family members can hold the responsible parties accountable and obtain the closure they need to move forward.

Call Our Illinois Wrongful Death Attorney For Exceptional Legal Representation

If you lose a loved one due to another’s negligence, it’s important to take the necessary actions to protect your valuable legal rights. The dedicated legal team at Fisk & Monteleone LTD is ready to help you with your wrongful death claim. Contact our Illinois wrongful death attorneys in Rockford at 815-962-0044 for your free consultation. The time to file your claim is limited by law. Remember, ‘No Risk, Call Fisk,’ and let our team help you obtain full financial compensation.