Yes. The absence of a will does not prevent a Chicago wrongful death claim from moving forward in Illinois. Per the Illinois Wrongful Death Act (740 ILCS 180/1), these cases are filed by the personal representative of the deceased person’s estate for the benefit of surviving family members. If the deceased had a will, that document typically names who the personal representative should be. If there isn’t a will, the probate court steps in and appoints one. Either way, the claim can still proceed.
If you’ve lost a loved one due to someone else’s negligence, don’t let the absence of a will discourage you from exploring your legal options. Here’s how the process works.
How Is a Personal Representative Appointed Without a Will?
When someone dies without a will, they are said to have died “intestate.” In that situation, a family member or other interested party can petition the probate court to be appointed as the personal representative, sometimes called the administrator, of the estate. The court will typically appoint a close relative such as a surviving spouse or adult child.
Once appointed, the personal representative has the legal authority to file a wrongful death lawsuit on behalf of the surviving family. Without this appointment, no one can bring the claim, so handling this step early in the process is important. An experienced wrongful death attorney can help you file the necessary paperwork with the probate court and move things along efficiently.
Who Benefits From a Wrongful Death Claim in Illinois?
Although the personal representative is the one who files the lawsuit, the damages recovered don’t belong to them personally or to the estate. Instead, wrongful death compensation in Illinois is awarded for the exclusive benefit of the deceased person’s surviving spouse and next of kin.
The court determines how the recovery is distributed based on each beneficiary’s level of dependency on the deceased. Factors the court considers include the nature of the relationship, how much financial support the beneficiary received, and the emotional bond between the beneficiary and the deceased.
Common beneficiaries include:
- Surviving spouses
- Children of the deceased
- Parents of the deceased
Extended family members like siblings or grandparents generally cannot receive wrongful death damages unless no closer next of kin exists.
What Damages Are Available Through a Wrongful Death Claim?
Wrongful death damages in Illinois are designed to compensate surviving family members for the losses they’ve suffered as a result of the death. Recoverable damages may include:
- Funeral and burial costs
- Lost financial support the deceased would have provided
- Loss of companionship and guidance
- Grief and emotional suffering of surviving family members
- Loss of inheritance
A separate survival action may also be filed alongside the wrongful death claim to recover damages the deceased experienced before passing, such as pain and suffering and lost wages between the time of injury and death.
Schedule a Free Consultation With an Experienced Illinois Wrongful Death Attorney
Losing a family member is an extremely traumatic experience. However, the lack of a will should never stand between your family and the compensation you’re entitled to through a wrongful death claim.
Contact Meyers & Flowers today for a free consultation at (630) 576-9696 to learn more about your legal rights and options. We’re here to help your family pursue maximum compensation and make it through this difficult time as best as we can.