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Who Can File A Wrongful Death Suit in Illinois?

Published on December 26th, 2022

Woman sitting in a sunny cemetery.

Why Should You File A Wrongful Death Claim?

When an unexpected tragedy occurs, such as the death of a loved one, it can turn our 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- From new financial burdens, to various personal responsibilities we did not have before, many of us can find ourselves feeling overwhelmed when a family member passes away.

Reasons to file a wrongful death claim:

  • Receive Compensation for Burial Expenses, Medical Bills, Lost Financial Support, Emotional Distress/Grief, etc.
  • Find Justice for Your Loved One
  • Prevent it from Happening to Someone Else

If you have lost a loved one due to someone else’s negligence or mistake, whether that be at the hands of a medical professional, hospital, product manufacturer, or drunk driver, you should file a wrongful death claim with the help of a qualified personal injury lawyer in Rockford, IL as soon as possible.

Who Can File A Wrongful Death Lawsuit?

The answer to who can sue for wrongful death in Illinois depends entirely on who is considered “next of kin” to the deceased. Next of kin traditionally means the surviving spouse and/or children of the deceased. However, parents, grandchildren, siblings, and other distant relatives can be entitled to compensation in some cases.

Can A Sibling Sue for Wrongful Death in Illinois?

According to the Illinois wrongful death statute, a sibling can sue for wrongful death as they can be considered next of kin.

What Accidents are Eligible for A Wrongful Death Claim?

There are many different situations that can lead to wrongful death, such as automobile accidents, medical malpractice, harmful products, etc. Essentially, if someone dies due to the negligence or misconduct of another, a wrongful death claim can be filed against the responsible party.

Common Causes of Wrongful Death:

  • Car/Truck Accidents
  • Medical Negligence/Medical Malpractice
  • Construction Accidents
  • Unsafe Products
  • Unsafe Premises/Premises Liability
  • Motorcycle Accidents
  • Nursing Home Abuse or Neglect
  • Hazing (often seen in sororities and fraternities on college campuses)

How Long Do You Have to File A Claim?

According to the wrongful death statute of limitations in Illinois, 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 claimant is a minor, or the death was the result of a violent crime, such as homicide (in which case, the time limit extends to 5 years from the date of death).

Filing for Wrongful Death in Illinois

If you are searching for a qualified wrongful death attorney in or near Rockford, IL, contact The Crosby Law Firm today. We pride ourselves on working personally with our clients to fully understand their needs and expectations during a wrongful death case.

We know these situations are never easy, and our law firm strives to make things less difficult by helping our clients obtain compensation for their pain and suffering.

If you are a surviving family member who needs help after the unexpected loss of a loved one, contact The Crosby Law Firm today to request an appointment with one of our Rockford, IL lawyers as soon as possible.

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