Who Can File a Wrongful Death Claim in Illinois? 

Losing a loved one is an indescribable hardship. When that loss is due to someone else’s negligence or wrongdoing, it can be even more devastating. Families facing such a tragedy often grapple with emotional and financial burdens, leading to the critical question: can they seek compensation for their loss? At Brassfield & Krueger, LTD, we understand the complexities surrounding wrongful death claims and are here to guide you through this challenging process. Our experienced attorneys are dedicated to helping you understand your rights and determine if you are eligible to file a wrongful death claim in Illinois.

Criteria for Filing a Wrongful Death Claim

When it comes to wrongful death claims in Illinois, the law is explicit about who is entitled to file. Unlike some states that allow family members to initiate a claim directly, Illinois law mandates that only the personal representative of the deceased person’s estate can file a wrongful death lawsuit. This legal stipulation ensures that the claim is pursued in a structured manner, reflecting the deceased’s interests as though they were still living.

Who is a Personal Representative?

A personal representative is often the individual appointed in the deceased’s will to manage their estate. This person is responsible for handling the deceased’s financial affairs, including pursuing a wrongful death claim if necessary. If the deceased did not appoint a personal representative prior to passing, the court will designate someone to fulfill this role. The personal representative acts on behalf of the deceased so that any claim for compensation reflects the deceased’s rights and the needs of the surviving family.

Recoverable Damages in a Wrongful Death Claim

In Illinois, a wrongful death claim can provide compensation for various damages suffered by the surviving family members. These damages aim to alleviate both the tangible and intangible losses experienced due to the untimely death. The following are some of the key types of damages recoverable:

• Financial Support: Compensation for the loss of financial contributions the deceased would have provided, including lost wages and benefits.
• Loss of Consortium: This includes the loss of companionship and the spousal relationship the deceased would have offered.
• Parental Guidance: Damages may cover the loss of instruction, education and moral training the deceased would have provided to surviving children.
• Emotional Distress: Compensation for the grief, sorrow and mental suffering experienced by the surviving family members.

Illinois law does not impose a cap on the amount of damages that can be awarded in wrongful death suits, allowing families to seek full compensation for their losses.

Seek Compassionate Legal Guidance Today

Navigating the legal landscape following the wrongful death of a loved one can be overwhelming. At Brassfield & Krueger, LTD, we are committed to providing compassionate and comprehensive legal support to help you through this difficult time. Our dedicated team will work tirelessly to ensure that your claim is handled with the utmost care and attention it deserves. If you believe you have grounds for a wrongful death claim or if you’re uncertain about your eligibility, we encourage you to reach out to us. Let us help you find justice and the compensation you deserve to begin the healing process. Contact Brassfield & Krueger, LTD today to discuss your case with one of our experienced attorneys.