What Rights Family Members Have After a Wrongful Death

 Posted on December 00, 0000 in Wrongful Death

It is possible to lose many family members during the span of a person’s life. Whether of old age, disease, or an accident, it is never easy to lose someone you love. Some losses can be expected and prepared for, but what happens when a family member dies unexpectedly due to someone else’s negligence? A wrongful death lawsuit can be filed by the victim's family if they believe someone can be held accountable for their death. It is similar to a personal injury lawsuit, except the next of kin files for compensation instead of the person injured.

The compensation sought in a wrongful death case is for medical bills of the deceased, funeral expenses, loss of wages, and loss of emotional support caused by the unexpected death of a family member. A family may be losing their main financial support which can put them at risk to debt and other unfortunate circumstances.

The spouse of the deceased or the next of kin has the immediate right to collect damages. An adopted child is considered a next of kin as a natural-born child would. If the deceased does not have a spouse or children, the person who supported medical treatment may be eligible for some compensation. A personal representative must be assigned to the deceased’s estate to move forward with a wrongful death claim. The personal representative may be entitled to some compensation if the deceased has no spouse or next of kin. Otherwise, the damages will be awarded to the immediate family for their care.

A personal representative will either be named in the will of the deceased, or assigned by the court. There are limitations when a family member can file for wrongful death. The statute of limitations for personal injury cases is two years from the date of the accident in question, or within a year from the death of the individual - whichever is later. If the case is not filed within the appropriate time frame, it may be rejected, and no compensation for damages will be possible for the family of the deceased.

Contact an Orland Park Wrongful Death Attorney

Losing a loved one unexpectedly can put a strain on a family. While you plan a funeral and take time to grieve, let an experienced Orland Park wrongful death attorney handle the negligent party that caused your loved one’s demise. Set up a free consultation by calling our office at 708-966-2408.

Source:

http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2059&ChapterID=57