Losing a loved one because of another person’s carelessness is one of the most devastating experiences a family can endure. In Illinois, you may be entitled to file a wrongful death lawsuit to seek justice and financial compensation on behalf of your relative. These claims can help families recover damages for financial losses in addition to the emotional toll caused by the loss. Make sure to speak with an experienced wrongful death attorney in Chicago for legal guidance.
Under the 740 ILCS 180, the state’s Wrongful Death Act, a claim can be brought when a person’s death results from another party’s wrongful “act, neglect, or default.”
Step 1: Determine Who Can File
Not everyone is legally permitted to bring a wrongful death claim. In Illinois, only the personal representative of the deceased person’s estate has the authority to file. This representative is often the executor named in the decedent’s will. If no executor was appointed, the court can designate a representative.
While the personal representative files the lawsuit, the damages are recovered for the benefit of the surviving spouse and next of kin, meaning that any compensation awarded will ultimately go to them, not the estate itself.
Step 2: Establish Liability
To succeed in most wrongful death cases, you must prove that another party’s negligence or intentional wrongdoing caused your loved one’s death. Like the vast majority of other personal injury claims, this usually requires demonstrating four legal elements:
- Duty of care: The defendant owed the deceased a legal duty, such as driving safely or providing proper medical treatment.
- Breach of duty: The defendant failed to uphold that duty.
- Causation: The breach directly caused the fatal accident or injury.
- Damages: The surviving family members suffered measurable losses due to the death.
Evidence such as police reports, eyewitness statements, expert testimony, and medical records can play a vital role in building a successful claim. The standard of proof in these cases is typically “by a preponderance of the evidence,” which is roughly a 51% or greater likelihood.
Step 3: File Within the Statute of Limitations
Illinois imposes a two-year statute of limitations on most wrongful death cases, starting from the date of death. However, there are limited exceptions that may extend or shorten this timeframe, such as cases involving medical malpractice or government entities.
If your claim isn’t filed within the applicable deadline, the court can dismiss it entirely, no matter how valid it may be. Consulting with a wrongful death attorney early on ensures your case is filed correctly and on time.
Step 4: Calculate and Pursue Your Damages
Wrongful death damages in Illinois are meant to compensate surviving family members for both economic and non-economic losses. These may include:
- Funeral and burial expenses
- Lost income and financial support
- Loss of companionship and guidance
- Emotional pain and suffering
Courts may also consider the relationship between the deceased and their surviving relatives when determining the amount of compensation.
Contact an Illinois Wrongful Death Lawyer at Meyers & Flowers for Legal Guidance
Filing a wrongful death lawsuit in Illinois is a complex process that requires legal knowledge, sufficient evidence, and close attention to procedural details. Working with an experienced injury attorney in Chicago can make all the difference in holding the at-fault party accountable.
To get started with your case, reach out to Meyers & Flowers today at (630) 232-6333 or by contacting us online for a free consultation. We’ll work tirelessly to help you recover the compensation you need to move forward as best as you can, along with a meaningful sense of justice.