Understanding Wrongful Death in Illinois

 Posted on December 00,0000 in Wrongful Death

It is inevitable that we are to lose loved ones due to old age or an accident. However, when a loved one is lost unexpectedly due to another person’s negligence, it is the surviving family that suffers. The average cost for a funeral in Illinois is $10,000 including cemetery plans. If the head of a household is lost unexpectedly, the surviving family may not be able to make ends meet with a sudden loss of a family member and funeral costs to attend to. When a person’s death can be connected to another’s wrongdoing, the surviving family may be able to sue for wrongful death.

What Is Wrongful Death?

Wrongful death is when another party can be held responsible for the death of an individual through a wrongful act. If the act had not been followed through, whether negligence or default, then the death would not have occurred. Wrongful deaths can occur in many aspects of law including auto accidents, medical malpractice, and workplace accidents. For example, if a person dies as the result of a drunk driver, their surviving family could file for wrongful death because the accident would likely not have happened if the driver was sober and following the law.

Family members file for wrongful death on behalf of a deceased person, but also to collect damages. As mentioned, sudden death can be a financial burden on a family, but there is also an emotional toll. Children who wrongfully lose a parent due to negligence lose the opportunity to grow up with the emotional and financial support of both parents, and the responsible party should be held accountable.

With the unexpected death of a loved one, they may not have assigned a personal representative to their estate. A personal representative is who in charge of debts, distributing beneficiaries, and collecting assets of the deceased.  It is only this representative who can file for wrongful death on behalf of the deceased. Personal representatives are typically spouses, children, or other family members. If there was not a designed representative in the deceased’s will, then the court will assign a person to handle the estate.

The personal representative must file for wrongful death within a timely manner. The statute of limitations for a personal injury case is two years from the date of the accident that caused the death, or one year from the actual death. Whichever is later, the personal representative must file before that time.

Contact an Orland Park Wrongful Death Attorney

The death of a loved one is difficult no matter the circumstances. No make sure your family is covered after the untimely death of a loved one due to the negligence of an individual or company, contact an experienced Illinois wrongful death attorney today. Set up a free consultation by calling our office at 708-966-2408.

Sources:

http://www.us-funerals.com/funeral-articles/funerals-and-cremations-in-illinois.html

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