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Families who have lost a loved one due to the wrongful act or negligence of another may want to file a lawsuit against the offending parties. In the state of Illinois, being aware of the nuance of cases like these is essential for obtaining justice and compensation or your loss. Our team at Therman Law Offices, LTD knows that there is no amount of money that can truly undo the damage done. But at the very least, your family deserves to have a sense of justice in what happened. Our Wheaton personal injury lawyers can evaluate the accident that took your loved one away and let you know if there are grounds for filing a case against the responsible parties. We are ready to offer support today.
Who Can File A Wrongful Death Case
As a surviving loved one of someone who passed away, you may be wondering if you can initiate a wrongful death lawsuit. In Illinois, eligibility is mainly designated to the personal representatives of the deceased.
These are usually the closest relatives such as children, spouses, parents, and legal representatives who manage the estate.
Generally, the statute of limitations for a wrongful death case is two years from the date of death.
But this timeframe may extend in certain circumstances, particularly when it involves intentional violent misconduct or criminal charges. We understand that you may be tired from your grief and not sure if you can handle a legal case, but you don’t want to miss the statute of limitations. You can rest assured knowing that our team can take the lead so you can still focus on you and your family at this time.
Elements Of Wrongful Death
When pursuing a lawsuit for your loved one’s passing, there are elements that must be proven. Our knowledgeable wrongful death attorney can help you show that the defendant owed a duty of care to the decedent, that they failed in this duty of care, their failure resulted in the death, and there are compensable damages that resulted from it. The surviving family may be compensated for economic and noneconomic damages such as:
- Loss of financial support (income and benefits)
- Funeral expenses
- Loss of companionship or consortium
- Survivor’s grief, mental suffering, sorrow
- Loss of enjoyment of sexual relations
- Loss of guidance for surviving children
Therman Law Offices, LTD
We know that no amount of money can undo the damage done. Your loved one deserves to have their life not lost in vain. Please let our IL wrongful death attorney consult with you today about what happened. We can let you know if there are grounds to sue the offending individual, company, or other party for their part in why your cherished person was taken from you. We empathize with the gravity of cases like these. We are terribly sorry for your loss and hope that if you are considering taking legal action that you speak with our team at Therman Law Offices, LTD as soon as you are ready. We are prepared to offer guidance at such a difficult time.
What Is A Wrongful Death In Illinois?
Losing a loved one is always painful, and when that loss happens due to someone else’s negligence or recklessness, the aftermath can be even more challenging. In Illinois, a wrongful death occurs when a person dies as a result of another party’s unlawful actions, negligence, or misconduct. While no legal action can truly compensate for such a loss, the legal system provides a path for families to seek justice and financial recovery through wrongful death claims.
At Therman Law Offices, LTD, we understand the importance of supporting families during these difficult times by helping them understand their options.
How Illinois Defines Wrongful Death
In Illinois, wrongful death is defined under the Illinois Wrongful Death Act. This law allows the personal representative of the deceased person’s estate to pursue a legal claim if the deceased could have filed a personal injury claim had they survived. A wrongful death case holds the responsible party accountable and helps the deceased person’s surviving family members recover financial compensation for losses associated with the death. These losses might include medical expenses, lost income, funeral costs, and other damages.
Who Can File A Wrongful Death Claim In Illinois
In Illinois, a wrongful death claim must be filed by the personal representative of the deceased’s estate. This representative is often a close family member, such as a spouse or adult child, but it can also be an appointed executor of the estate. The claim is filed on behalf of the surviving spouse, children, or other next of kin, and it seeks compensation for both financial losses and emotional suffering.
It’s essential to know that wrongful death claims are separate from criminal charges that may be pursued by the state. Even if criminal charges aren’t filed or if the defendant is found not guilty in criminal court, a wrongful death claim can still proceed in civil court, where the burden of proof is different.
Damages Recoverable In A Wrongful Death Case
When a wrongful death claim is successfully pursued in Illinois, the court may award damages that are intended to cover a variety of losses. These damages can help surviving family members with medical bills incurred before death, funeral and burial costs, and the loss of the deceased’s financial support. Additionally, Illinois law recognizes the emotional impact on loved ones. Compensation for grief, sorrow, and mental suffering is often available, providing some financial support to family members as they cope with the emotional aftermath of their loss.
The amount awarded in these cases can vary significantly, depending on factors like the age and earning capacity of the deceased, as well as the specific circumstances of the wrongful death. Courts look closely at how the death has impacted the lives of the surviving family members, including lost companionship, parental guidance, and overall quality of life.
Statute Of Limitations For Wrongful Death Claims In Illinois
In Illinois, there is a time limit, known as the statute of limitations, within which a wrongful death claim must be filed. Generally, a claim must be filed within two years of the date of death. However, if the death was caused by a violent criminal act such as murder or manslaughter, the statute of limitations may extend. Filing within this period is crucial, as missing the deadline typically means losing the right to pursue compensation.
For families dealing with a recent loss, speaking with a Wheaton wrongful death lawyer can help determine the exact deadlines and requirements for filing in your specific case.
Why Legal Representation Matters In Wrongful Death Claims
When dealing with a wrongful death claim, families often face significant challenges, especially when it comes to gathering evidence and building a strong case. Having the support of an experienced legal team allows families to focus on healing and moving forward while a Wheaton wrongful death lawyer handles the legal complexities of the case. At Therman Law Offices, LTD, we focus on advocating for our clients, handling everything from paperwork to negotiations, and working tirelessly to achieve fair outcomes.
