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When you have lost a loved one due to another person’s negligence or intentional act, the focus on protecting your family’s financial situation should come first. This is especially true if the deceased was the major breadwinner of the family. The last thing you need to worry about is keeping track of the legal steps that you need to follow to prevail on your demand for financial compensation for your loss.
The Statute of Limitations is one of the many laws that plaintiffs need to remain aware of and track diligently. The following provides a brief overview of the wrongful death statute of limitations in Chicago.
States may enact laws called Statutes of Limitations. These laws prescribe the maximum length of time in which the plaintiff must file a civil case following an injury or an offense. If the plaintiff does not file the lawsuit or settle out of court within the prescribed time, then the law bars the plaintiff’s lawsuit from recovery of any financial compensation. Understanding how a particular Statute of Limitations applies to a particular cause of action is better left to an experienced lawyer.
It is important to note that a Statute of Limitations’ period varies depending on the particular civil action involved and the jurisdiction in which the offense or injury occurred. The theory behind Statutes of Limitation is that when too much time passes from the injury, witnesses’ memories become unreliable and evidence may disappear. In other words, too much time has elapsed to fairly litigate the issue.
It must be mentioned that you are not required to take a case to court when you file a lawsuit, but the statute provides only the latest date you are allowed to declare your intention. Most claims get settled before ever going to court, but defendants and their insurance companies will have no pressure to settle if the statute runs out.
In general, the statute of limitations requires the surviving spouse or surviving children to file their wrongful death lawsuit – or settle out of court – before the expiration of two years following the family member’s date of death in Chicago.
Each wrongful death case is unique. Therefore, certain exceptions may apply. For example, an exception to the two-year rule applies to minor children. The two-year limitation does not start to run for minor children until they reach age 18. This is known as “tolling” the statute until the child reaches the age of majority.
Other exceptions may apply to wrongful deaths due to violent or intentional acts. An experienced wrongful death attorney will provide guidance on how the various rules for filing a claim may apply in the particular case.
Many tasks must occur before a lawsuit can be filed. Your personal injury attorney may interview witnesses, examine health records and police reports, and preserve evidence for a planned court trial or negotiations between the parties.
We invite you to call our team to learn how a Chicago lawyer manages the statute of limitations for a wrongful death claim. We stand ready to put you on the best path to success, in court or through a negotiated settlement.