The death of a loved one due to another party's negligence is devastating. While no amount of money can replace the person you have lost, Illinois wrongful death laws provide a way for surviving family members to seek justice and financial compensation for their loss.
What Is a Wrongful Death Claim?
A wrongful death claim is a civil lawsuit filed when a person dies as a result of another party's negligent, reckless, or intentional actions. Under the Illinois Wrongful Death Act (740 ILCS 180), the personal representative of the deceased person's estate can file a lawsuit on behalf of surviving family members.
Who Can File a Wrongful Death Claim?
In Illinois, the personal representative of the deceased's estate files the wrongful death claim. The compensation recovered is distributed to the surviving spouse, children, and next of kin. If no will exists, the court will appoint a personal representative.
Common Causes of Wrongful Death
- Car, truck, and motorcycle accidents
- Medical malpractice
- Workplace accidents
- Defective products
- Premises liability (unsafe property conditions)
- Criminal acts (assault, homicide)
- Nursing home negligence
Compensation in Wrongful Death Cases
Illinois wrongful death claims may include compensation for:
- Loss of financial support the deceased would have provided
- Loss of companionship, guidance, and parental training
- Loss of consortium for the surviving spouse
- Grief and emotional suffering of surviving family members
- Medical expenses incurred before the death
- Funeral and burial expenses
Statute of Limitations
In Illinois, the statute of limitations for wrongful death claims is generally two years from the date of death. However, there are exceptions that may extend or shorten this time frame. It is crucial to consult with an attorney as soon as possible to protect your right to file a claim.