CHICAGO, IL – The sudden loss of a loved one is devastating and heart wrenching, especially when their death could have been prevented due to another’s negligence. Illinois, like any other state, has a set of laws that apply to wrongful death claims. We’ll cover several key aspects of these laws, including who is eligible to file a wrongful death claim, the time limit on filing this type of lawsuit in court, and what damages can be recovered.
What is Wrongful Death?
Wrongful death occurs when a person is killed due to the negligence or fault of another person or entity, such as a business. Examples of wrongful deaths may include those caused by medical errors, car crashes, defective products, or deadly assault.
Under Illinois law, the victim’s estate and survivors are able to recover compensation for the wrongful death of their loved one in such situations.
Statute of Limitations for Wrongful Death Claims in Illinois
The deadline that is set by Illinois law to file a wrongful death claim to be considered in the legal process is within two years, generally. This is what’s known as the “statute of limitations.” There are a exceptions for minors and criminal actions for which the deadline may be extended. It’s best to find a wrongful death lawyer as soon as possible so they can determine what statute of limitation applies to your case.
Types of Damages That Can be Recovered in Illinois Wrongful Death Cases
The court will award what is known as “damages” to the deceased person’s survivors or estate. In Illinois, damages are paid to the deceased person’s surviving spouse and next of kin according to their level of dependency on the deceased person, which is determined by the court.
Damages are intended to compensated for the deceased person’s survivors financial losses and intangible losses endured by the family. Common types of damages awarded in Illinois include money for:
- survivors’ grief, sorrow, and mental suffering
- loss of financial support the deceased would have provided, including wages and benefits
- loss of consortium (meaning the loss of society, companionship, and sexual relationship the deceased would have had with his/her spouse); and
- loss of instruction, education, and moral training the deceased would have provided to any surviving children
Some states cap the amount of damages that can be awarded to a plaintiff in a wrongful death lawsuit, but Illinois does not have any limit.
Considering a Wrongful Death Lawsuit?
If you have lost a loved one and believe the death was wrongful, contact the trusted wrongful death attorneys at the Dinizulu Law Group for a free consultation today at (312) 384-1920. Our attorneys will carefully review your case to determine what statute of limitations applies to your case. We’re here for you and your family in these difficult times.