Who Can File a Wrongful Death Lawsuit in Illinois?

The sudden loss of a loved one is an emotionally devastating experience that leaves families grappling with grief, confusion and the question of what steps to take next. When a death is caused by another’s negligence or wrongful act, the emotional toll can be compounded by feelings of injustice. A wrongful death lawsuit offers a path to claim compensation for the suffering endured. At Brassfield & Krueger, LTD, we stand ready to guide you through this complex legal process with compassion.

Legal Framework for Wrongful Death Claims in Illinois

Navigating the legal landscape of wrongful death claims in Illinois requires a clear understanding of state-specific statutes and requirements. Under the Illinois Wrongful Death Act, claims can be filed when a death is caused by the wrongful act, neglect or default of another party. The lawsuit is intended to compensate the deceased’s survivors for their loss, covering damages such as loss of companionship, financial support and emotional suffering.

Who is Eligible to File a Wrongful Death Claim?

In Illinois, the right to file a wrongful death lawsuit is typically granted to specific relatives of the deceased. Primarily, the surviving spouse and children of the decedent are entitled to file a claim. However, if the deceased had no surviving spouse or children, the right extends to other close relatives, such as parents or siblings. It is important to note that the lawsuit is filed by the personal representative of the deceased’s estate, often an executor named in the will or appointed by the court.

Essential Time Limitations and Steps

Time is of the essence when considering a wrongful death lawsuit. Illinois law imposes a statute of limitations that requires such lawsuits to be filed within two years of the date of death. Failing to meet this deadline can result in the forfeiture of the right to pursue legal action, underscoring the importance of timely consultation with a legal professional.

The process of filing a wrongful death claim involves several critical steps, beginning with a comprehensive investigation. This includes gathering evidence, such as accident reports, medical records and witness statements, to build a compelling case. Negotiations with insurance companies often follow, aiming to reach a fair settlement. If negotiations fail, the case may proceed to trial, where a judge or jury will determine the outcome.

How Brassfield & Krueger, LTD Can Help

Brassfield & Krueger, LTD brings decades of experience and a deep commitment to fighting for justice on behalf of our clients. Our legal team understands the complexities of wrongful death claims and is dedicated to providing personalized, compassionate support throughout the process. We leave no stone unturned in our pursuit of justice, employing a strategic approach tailored to the unique circumstances of each case.

Our attorneys are not only skilled negotiators but also formidable advocates in the courtroom, unafraid to take on even the most challenging cases. With a track record of millions in verdicts and settlements, we have established ourselves as leaders in the field of personal injury and wrongful death law in Illinois.

Contact Our Legal Team Today

If you are navigating the aftermath of a wrongful death, you don’t have to face the legal challenges alone. The team at Brassfield & Krueger, LTD is here to provide the support you need to pursue justice and secure the compensation you deserve. We invite you to contact us for a consultation, where we will discuss your case and explore your legal options. Let us stand by your side in this difficult time.