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If you lost a loved one due to the negligence of another person, you may be entitled to financial compensation via a wrongful death action permitted under Illinois state law. The death of a loved one creates an emotional toll, but in many instances, it also causes the surviving family financial hardship. Filing a Chicago wrongful death action can help alleviate that financial hardship.
A trusted wrongful death lawyer could help you file such an action and provide your family with the knowledge needed to prevail in your financial demands.
Under the Illinois Wrongful Death Act, surviving family members or the deceased person’s estate may bring a legal case against the person or institutions whose actions or inactions directly caused the death. Examples of wrongful death include:
Underlying most wrongful death lawsuits, the legal theory is the negligence of the actor who caused the death. The wrongful death action/inaction may be intentional or unintentional.
Financial compensation for a wrongful death can include lost wages the deceased brought into the household, and the pain and emotional suffering that family members will now experience by the loss.
Compensation awarded under a lawsuit pays the surviving spouse and/or surviving children. If no children survive, the compensation award goes to the surviving parents, brothers/sisters, and grandparents. If no family members survive the deceased, then the estate representative may file a wrongful death lawsuit. Financial compensation awarded in the successful lawsuit is then payable to the estate.
Surviving family members in Chicago have two years from the date of the deceased’s death to file a wrongful death lawsuit against the responsible person. Exceptions to the two-year rule exist. For example, one exception “tolls” the limitation for minor children until they are 18 years of age, when the two-year filing rule begins again. The filing deadline extends to five years in the event the death occurs as the result of a violent or intentional act. An experienced lawyer knows how the various exceptions may apply in your case.
Plaintiffs in Chicago must file the wrongful death lawsuit — or settle the case — within the two-year limit. A lot has to happen to resolve the case in favor of the surviving family members.
An experienced lawyer knows how to investigate the incident, how to preserve trial evidence, and how to interview witnesses. They know how to read law enforcement reports, medical transcripts, and study security tapes. Maybe most importantly, they can estimate the amount of compensation that will make the family whole and account for the loss.
Contact us today for a free consultation about your situation and the sudden loss you are now facing. Learn how McCready Law will analyze the facts of your case and provide the best guidance toward getting the financial compensation you deserve. Attorneys stand ready to start filing a Chicago wrongful death action and to represent your interests.