When a person dies due to another party’s negligence or wrongdoing, their survivors have the right to seek compensation for the resulting damages. However, that right does not last forever. You must file your wrongful death claim before the statute of limitations expires.
Contact an experienced Illinois wrongful death attorney promptly to understand your rights and determine your filing deadline. At Meyers & Flowers Trial Attorneys, our compassionate Chicago wrongful death lawyers have helped our clients recover over $6 billion in verdicts and settlements.
Call (630) 394-5189 or visit our contact page and schedule a free consultation today. We will listen to you, answer your questions, and explain your options. If we take on your case, we will work diligently to secure the maximum compensation for you.
What Is an Illinois Wrongful Death Claim?
The Illinois Wrongful Death Act states, in pertinent part:
“Whenever the death of a person shall be caused by wrongful act, neglect or default, and the act, neglect or default is such as would, if death had not ensued, have entitled the party injured to maintain an action and recover damages, including punitive damages when applicable, in respect thereof, then and in every such case the person who or company or corporation which would have been liable if death had not ensued, shall be liable to an action for damages, including punitive damages when applicable, notwithstanding the death of the person injured, and although the death shall have been caused under such circumstances as amount in law to felony.”
This statute provides the legal right to recover damages when a person dies due to another party’s negligence or wrongful act. The deceased person’s survivors have the right to recover the damages they suffered due to the death of their loved one.
What is the Illinois Wrongful Death Claim Statute of Limitations?
A statute of limitations is a law that establishes a time period for filing a claim in a wrongful death case. If you miss your filing deadline, you will be unable to recover compensation for your damages.
The Illinois wrongful death statute of limitations is two years from death. You must file your wrongful death claim within two years of the date your loved one died. However, there are exceptions to the two year filing deadline.
Exceptions to the Illinois Wrongful Death Statute of Limitations
If your claim falls under an exception, you could have less time to act, or your deadline could be extended. You must consult an experienced Ilinois wrongful death attorney promptly to ensure you do not miss the statute of limitations for your claim.
If a defendant in your wrongful death claimn is a government entity, you will have a much shorter deadline to act.
If your loved one’s wrongful death was caused due to a defendant’s violent, intentional act, you may have a long as five years after death to file your wrongful death claim.
Other circumstances tht could provide additional time to file your claim include when a plaintiff is a minor, the statute of limitations may be paused until they reach the age of 18.
Contact Meyers & Flowers Trial Attorneys Today
If your loved one died due to the negligence or wrongdoing of another party, you may be entitled to recover damages. You generally have two years to file your claim. However, there are rare exceptions to the statute of limitations. You must consult an experienced Chicago personal injury attorney promptly to determine your deadline. Our experienced wrongful death lawyers will protect your rights, ensure your claim is filed timely, and help you secure maximum compensation for your damages. Call (630) 394-5189 or visit our contact page to schedule a free consultation to discuss your claim.