What is a wrongful death claim in Illinois? A wrongful death claim is a legal action that can be brought when someone dies due to the negligence or intentional actions of another person or entity. In Illinois, the Wrongful Death Act (740 ILCS 180/) allows family members to pursue compensation for the emotional and financial losses they suffer as a result of their loved one’s death.
Who can file a wrongful death claim in Illinois? Under Illinois law, only certain individuals are eligible to file a wrongful death claim. The claim must be filed by a special representative of the deceased person’s estate. The court appoints this representative, often the executor named in the deceased's will, or, if there is no will, a family member may be appointed by the court to act in this capacity. The Wrongful Death Act (740 ILCS 180/2) provides this special representative with the authority to investigate the circumstances of the death, file a lawsuit, and negotiate or settle claims on behalf of the deceased’s estate. Damages recovered from the wrongful death suit are distributed to the surviving spouse and next of kin, such as children or parents, based on the level of financial and emotional dependency each had on the deceased.
What types of damages can be recovered in a wrongful death claim? A wrongful death lawsuit helps surviving family members recover several types of damages, including: medical bills, funeral expenses, compensation for emotional pain, suffering, loss of companionship, and loss of guidance.
How long do I have to file a wrongful death claim in Illinois? In Illinois, the statute of limitations for filing a wrongful death lawsuit is generally two years from the date of the person’s death. However, there are some exceptions.
What types of accidents and injuries commonly result in wrongful death claims? Several types of injuries often result in fatalities, leading to wrongful death claims in Illinois, including motor vehicle accidents, workplace injuries, medical malpractice, nursing home negligence, and defective products.
How do I prove liability in a wrongful death case? To prove liability in a wrongful death case, you must demonstrate that the defendant’s negligence or intentional actions directly caused your loved one’s death.
Can I file a wrongful death claim if my loved one was partially at fault? Yes, under Illinois’s modified comparative negligence rule (735 ILCS 5/2-1116), you may still recover damages even if your loved one was partially at fault for the accident, as long as they were less than 50% responsible.
What is the difference between a wrongful death claim and a survival action? A wrongful death claim seeks compensation for the losses suffered by the surviving family members. This includes damages such as loss of financial support, companionship, and emotional suffering. A survival action (755 ILCS 5/27-6) is brought on behalf of the deceased’s estate for the damages the deceased could have claimed if they had survived. This includes compensation for pain and suffering the deceased endured before death, as well as medical expenses incurred prior to death. In Illinois, both a wrongful death claim and a survival action can be pursued simultaneously.
How is compensation distributed among surviving family members? Under Illinois law, the damages recovered in a wrongful death claim are distributed to the surviving spouse and next of kin. The distribution is based on the level of financial and emotional dependency each family member had on the deceased.
Can a wrongful death claim be settled out of court? Yes, many wrongful death claims are resolved through settlements without going to trial. Settling a claim can save time, emotional distress, and legal costs for the family. However, wrongful death cases are often complicated, involving complex legal and factual issues, such as proving negligence and calculating damages for future losses. It is crucial to have an experienced Illinois wrongful death attorney navigate these complexities and negotiate the settlement to ensure the family receives fair compensation.
How long does it take to resolve a wrongful death claim? The timeline for resolving a wrongful death claim varies depending on the complexity of the case, whether liability is disputed, and whether the case is settled out of court or proceeds to trial. Many wrongful death claims can be resolved through settlement in several months, especially if the facts are straightforward and liability is clear. However, cases that require litigation will typically take much longer, often lasting a year or more. Litigation involves extensive legal procedures such as pre-trial motions, discovery, depositions, and potentially a trial, all of which can significantly extend the timeline.
What should I look for in a wrongful death attorney? When selecting a wrongful death attorney, consider the attorney's experience, track record, and compassion.
