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If you have lost a loved one due to a wrongful or negligent act of someone, filing a wrongful death case is an ideal response. Pursuing a wrongful death claim in such a tragic situation can help you seek justice, closure, and compensation. However, wrongful death cases can become complicated, and most states limit who can file these civil claims. For example, as per Illinois’ wrongful death act, only the surviving children and spouse can file a claim. Siblings and parents can file for a claim if the deceased has no children or spouse.
Given the case’s complexity, it can take time to determine the correct course of action. By hiring a wrongful death lawyer, you can assess the case’s legal merits and file the compensation claim according to set guidelines. Your legal representative will guide you through the process.
What is Considered Wrongful Death?
Wrongful death is when your loved one dies due to someone else’s fault. You may have the legal right to file a wrongful death case in this case. To file this lawsuit, you will have to prove the following:
- The entity or person was negligent or intentionally committed a wrongful act that resulted in your loved one’s death
- How the person acted was the direct reason your loved one died
- There were damages suffered that are associated with the death
Talking to a wrongful death lawyer will help you establish your case and gather all relevant documentation and evidence you will need to prove you are entitled to file this lawsuit. When these elements are verified, the estate of the deceased or their surviving family members could be awarded compensation for losing their loved one.
According to Chesterfield wrongful death attorney James Brandenburg, many situations can result in wrongful death, including:
- Intentional actions such as assault or murder
- Negligent actions involving car accidents, defective products, slip and fall cases, construction accidents, animal attacks, dog bites, failure to warn
- Malpractice is when a medical professional does not provide a level or standard of care that is expected in their profession.
Rules for Wrongful Death in Chicago
Wrongful death lawsuits in Chicago must follow the 740 Illinois Compiled Statutes 180 rules. If an individual loses their life due to another’s fault, the deceased’s loved one can hold the person responsible for the death. While filing a wrongful death case is considered filing it on behalf of the dead, you are allowed to pursue damages for yourself. These damages are for the loss you are experiencing because of losing someone you love.
Who is Allowed to File a Wrongful Death Case?
Illinois and most other states restrict who can file a wrongful death case. The person with these rights is appointed as the legal representative of the deceased’s estate. Typically the representative is a lawyer or a member of the deceased’s family. Others who could be considered include an adult child, the victim’s spouse, or a parent representing a minor child. The courts could appoint one if the deceased person had not appointed a representative for their case.
What is the Statute of Limitations on Wrongful Death in Illinois?
A wrongful death case in Illinois must be filed within two years after your loved one dies. Working with a professional lawyer will ensure you meet this deadline with all necessary documents and evidence. If you wait more than a year, the state will not allow you to file a claim to receive the compensation you deserve for losing your loved one.
How The Claim is Processed
In Illinois, there are several types of compensation you can file for in a wrongful death case. This compensation can only be given to the deceased’s spouse or their next of kin. The rules in Illinois grant juries the power to award damages in these cases for grief and sorrow, as well as the expenses for burying your loved one. Compensation for burial expenses is typically paid to the one who will take care of the last rites of the deceased. The jury is given discretion for the compensation a loved one will receive in a wrongful death case.
Final Words
Many rules and laws must be followed in a wrongful death case, and having a lawyer by your side can ensure that you’re tracking everything as per the law. The legal system can be complicated, and having an experienced wrongful death lawyer on your side is the best way to navigate a wrongful death case smoothly.
Image Credit: Photo by Tingey Injury Law Firm on Unsplash