Who Can File a Wrongful Death Lawsuit?
Unfortunately, not all parties are eligible to file an Illinois wrongful death lawsuit. Indeed, under state law, only very close family members of the deceased will have the right to bring a claim on behalf of a relative who was killed in an accident.
Further, Illinois law sets up a strict hierarchy for these types of claims. First, the spouse of the deceased should file the claim. If there is no spouse, or if the spouse chooses not to file, then any children of the departed may file a claim on their own. If there are neither children nor a spouse, then the victim’s parents may bring a wrongful death claim. Finally, if none of the eligible parties can, or will, take legal action, the victim’s estate will have the right to initiate a lawsuit.
How Long Do You Have to Take Legal Action?
Illinois wrongful death lawsuits, as with all personal injury-based claims in the state, are subject to the state’s statute of limitations. Eligible parties have exactly two years from the date of the death to initiate their wrongful death lawsuit. What happens if you fail to take action in time? Most likely you will lose out on your legal rights. Do not let this happen to you.
How is Liability Established?
Liability for a wrongful death lawsuit must be established by proving that the defendant was ‘at fault’ for the accident. In other words, you must be able to prove that the defendant’s negligence, at least partially, contributed to your loved one’s death.
What Compensation is Available for the Victim’s Family?
If you are eligible to bring a wrongful death claim, you may be entitled to recover several different types of compensation. The experienced Chicago wrongful death lawyers at The Loop Law Group can help you maximize your financial recovery. We may be able to help you seek full financial relief for:
- Any direct monetary losses;
- The loss of benefits, including health insurance
- Funeral expenses;
- Pain and suffering;
- Loss of love, companionship and consortium.
Contact Our Chicago Wrongful Death Attorneys Today
At The Loop Law Group we understand that no amount of financial compensation can truly make up for the loss of a family member. At the same time, we know that your family needs, and deserves, compensation to get through this difficult time.
Let us focus on the legal issues while you focus on your friends and family. We handle all types of wrongful death claims, from car accidents to work-related accidents. To learn more about our services, please call us today at 833-GET-PAID.
