You just found out that your close family member has passed away, and at a time when you should be grieving, you become enraged when you find out that their death could have been prevented. When someone else’s wrongful act, negligence, or malice caused the death of your loved one, you have the opportunity to bring them to justice when you file a wrongful death claim against them.
With the help of an attorney, you can not only make sure the at-fault party is held accountable for their actions, but you can obtain the compensation you need to mourn your loss without the burdens of financial worry.
Wrongful Death Laws You Need to Know
It’s important that you know the laws surrounding wrongful death claims in Illinois so that your case has the optimum chances for success. This includes making sure you have the right to file the claim, and getting the claim filed within the state’s statute of limitations.
Only the personal representative of the decedent’s estate is able to file a wrongful death claim. This could be almost anyone- a surviving spouse, the parents of a minor child, or the adult child of the decedent. It really depends on who the deceased left in charge of their estate. If they didn’t designate a representative, then the courts will assign one on their behalf so that you can move forward with your claim.
Once you find out if you can pursue your wrongful death claim, you need to be sure that you file your claim within the statute of limitations. This will vary depending on what caused the decedent’s death. For example, if their death was an accident, you would have two years from the date of their passing, as this would be considered a personal injury case if the decedent hadn’t died.
At a minimum, you’ll have one year from the date of their passing to file your claim. This is pertinent, as missing this deadline will result in your case being barred from the court system. Your attorney will determine how long you have to get your claim filed, and who the assigned representative is so that you can bring your wrongful death claim to court as soon as possible.
What Your Benefits Will Cover When You Win
No matter who the assigned representative of the decedent’s estate is, any damages recovered in the claim will be for the sole benefit of the decedent’s surviving spouse and children. This includes compensation for your emotional distress, grief, loss of companionship, pain and suffering, and the grief you’re enduring.
In addition to these damages, you can expect to recover compensation for the decedent’s medical expenses, lost wages that the deceased would have earned if they hadn’t passed away, and the funeral and burial costs. Although obtaining compensation won’t remedy the pain you’re feeling over your loss, it will help to ensure that your family doesn’t wind up in financial distress.
Consult with a Rockford Wrongful Death Lawyer
You have the right to be furious when someone else caused the death of your cherished family member, and there are steps you can take to hold them accountable for their actions. Working with a Rockford wrongful death lawyer can be the best way to ensure that they not only pay for what they’ve done, but that your family is able to grieve in peace.