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Claiming Compensation When a Loved Dies Due to NegligenceFor most people, the most difficult thing they will have to deal with at some point in their lives is the loss of a loved one. The most tragic deaths are those that occur to people before their time or at the fault of another person. In some of these cases, Illinois gives family members the right to file a wrongful death claim, which can help recover some of the expenses associated with an unplanned death and the loss of the deceased from their lives. Though no lawsuit can bring back a loved one, a wrongful death lawsuit may be able to help lessen the financial burden that the family may be facing.

What is a Wrongful Death Lawsuit?

When a person commits a negligent or intentional act that causes another person to die, this is called a wrongful death accident. A wrongful death lawsuit is a claim that the deceased’s representative or family member files in order to recover money from the person who caused the accident. Typically, wrongful death lawsuits award damages to the deceased’s family that the deceased would have been able to recover in a personal injury case if he or she was alive.

Filing the Lawsuit

Illinois law states that a “personal representative” of the victim is the one who can file a wrongful death claim. The personal representative can be a spouse or child of the deceased. In the absence of a spouse or children, a parent or sibling of the deceased may be eligible to file the claim. As with any legal action, there is a deadline by which action must be taken, known as the statute of limitations. The statute of limitations in Illinois for a wrongful death claim is two years from the date of the death, or five years if the death was caused by violent and intentional conduct. 

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