Losing a loved one is devastating, especially when their death was the fault of someone else. In Illinois, surviving family members may file a wrongful death claim to pursue justice and financial compensation. This legal process can help cover expenses and hold the responsible party accountable.
In this article, we’ll explain who can file a wrongful death lawsuit and what types of compensation may be available. If you or a loved one is suffering and wants to bring a wrongful death claim, contact Crosby Law Firm today.
What Is Wrongful Death in Illinois?
Under Illinois law, wrongful death occurs when a person dies due to the neglect, misconduct, or intentional wrongful act of another party. The Illinois Wrongful Death Act governs these cases and sets out who can bring a lawsuit and what damages may be recovered.
Why Should You File a Wrongful Death Claim?
When an unexpected tragedy occurs, such as the death of a loved one, it can turn lives upside down. Not only are we left with the emotional turmoil of having lost someone we care about, but we also have to deal with the many changes this loss brings to our lives. This can include new financial burdens and various personal responsibilities we did not have before. Many people feel overwhelmed by both grief and significant life changes when a family member passes away.
Reasons to file a wrongful death claim:
- Receive compensation for burial expenses, lost financial support, etc.
- Seek justice for your loved one
- Find closure
- Prevent the same tragedy from happening to someone else
If you’ve lost a loved one due to someone else’s negligence or mistake, whether that be at the hands of a medical professional, product manufacturer, or drunk driver, you can file a claim. Contact our qualified personal injury lawyer in Rockford, IL, to discuss your case.
Who Can File a Wrongful Death Lawsuit?
In Illinois, only the personal representative (also known as the executor) of the deceased person’s estate can file a lawsuit for wrongful death. This individual should be named in the deceased’s will. However, if there is no will, the court will appoint an administrator.
While the personal representative is the one who files the claim, any damages awarded in the case are intended for the surviving spouse and next of kin. Next of kin typically includes children, parents, or other close relatives of the deceased.
The court will decide how to distribute the compensation. This will depend on the family’s relationship to the deceased.
Key Points:
- The personal representative files the wrongful death lawsuit.
- Surviving family members— spouse, children, or parents —are typically the beneficiaries.
- If no will exists, the court will appoint a representative to oversee the management of the deceased’s estate.
Can a Sibling File a Wrongful Death Claim in Illinois?
Yes, a sibling can bring a wrongful death claim, as they can be considered next of kin. However, whether or not they benefit from the claim will depend on various factors. If the deceased was married with children at the time of their death, the spouse and children will receive compensation ahead of a sibling.
Common Causes of Wrongful Death
Many different situations can lead to wrongful death. Essentially, if someone dies due to the negligence or misconduct of another, a wrongful death claim can be filed. Some common causes of wrongful death include:
- Car accidents
- Truck accidents
- Motorcycle accidents
- Medical malpractice
- Construction accidents
- Defective products
- Workplace accidents
- Unsafe premises (premises liability)
- Nursing home abuse or neglect
- Criminal acts resulting in death
- Hazing (often seen in sororities and fraternities on college campuses)
How Long Do You Have To File? (Statute of Limitations)
A claimant has up to 2 years after a person has died to file a wrongful death claim. There are exceptions to this rule, such as when the death was the result of a violent crime (in which case, the time limit extends to 5 years from the date of death).
What Compensation Can You Recover From a Wrongful Death Lawsuit?
In cases of wrongful death, compensation can potentially cover:
- Grief, sorrow, and mental suffering
- Funeral and burial costs
- Loss of income and financial support that the deceased would have provided
- Loss of consortium, companionship, and guidance
- Punitive damages (in rare cases involving gross negligence or intentional harm)
This compensation helps ease the financial burden and can provide some measure of justice for your loss. You may also be able to seek compensation for lost wages or medical expenses related to the deceased’s final injuries or illness through a survival action.
What Is a Survival Action?
A survival action is a claim that allows the deceased person’s estate to seek compensation. This compensation is for the losses and damages the deceased faced from their injury until their death. A survival action is essentially a continuation of the personal injury claim the deceased could have brought if they had lived.
Contact a Rockford Wrongful Death Attorney Today
If you’ve lost a loved one due to another person’s negligence or misconduct, you may be able to file a wrongful death claim. At Crosby Law Firm, our experienced team understands the emotional and financial toll of these cases.
We’re here to help you understand your legal options and fight for the compensation your family deserves. Contact us for a consultation. We’ve been defending Rockford residents since 1980. Let us guide you through the process of filing a wrongful death suit in Illinois.
