Wrongful deaths can occur for a myriad of reasons. When you are grieving, it can be difficult to consider why someone’s negligence stole an important person from your life.

That is where a Cook County wrongful death lawyer could come into play. While you and your family recover from your loss, you can rely on a legal advocate to help you explore your response. If it seems like another party’s deliberate inattention caused you to lose a loved one, you can file a wrongful death complaint with a local court. A compassionate personal injury attorney could help you meet Illinois’s statute of limitations and fight for compensation on your loved one’s behalf.

Illinois’s Wrongful Death Statute

740 Illinois Compiled Statutes 180/1 elaborates on the state’s specific wrongful death statute. The state notes that a person’s death may be considered wrongful if caused by an act of neglect or default. Further, the statute notes that if the deceased would have been able to bring a complaint forward while they were living, an appropriate representative may take up that complaint on their behalf. These incidents can include injuries obtained in a car accident, as a result of medical malpractice, or from a defective product or hazardous property.

Presenting a Wrongful Death Claim

To present a wrongful death claim to a local court, interested parties must indicate in their complaint that negligence not only contributed to their loved one’s death but that it also resulted in noticeable economic and non-economic damages. A Cook County wrongful death attorney could help a plaintiff lay out these damages in their initial complaint, as these losses can include:

  • Decreased financial support
  • Loss of consortium
  • Loss of education and instruction to children
  • Grief and related emotional suffering
  • Funeral expenses

Prospective plaintiffs should understand that only certain parties may bring forward a wrongful death claim in Cook County. The state notes that only a personal representative or executor may act on behalf of a deceased individual. Someone who dies without electing a personal representative will have their representative appointed by a local court instead.

Statute of Limitations

740 Illinois Compiled Statutes 180/2 notes that all parties who wish to file wrongful death suits need to do so within two years of that person’s death, provided that the case only applies to civil actions. Suits involving violent conduct may be filed within five years of the subject’s death.

Schedule a Consultation With a Cook County Wrongful Death Attorney Today

Losing a loved one can throw your whole life into disarray. When that loved one’s death was unnecessary or caused by someone else’s negligence, it can be hard to emotionally recover from your loss. You do have the right, however, to take legal action against the party you believe to be liable for this terrible accident. As long as you are a recognized family member or administrator, you can work with a Cook County wrongful death lawyer to fight for compensation. Someone who is experienced in civil litigation could help you outline your compensable damages and present your case before a judge in the event that settlement discussions break down.

In the aftermath of this unfortunate event, we understand that you need to take the time to grieve and reassess what your life and finances will look like moving forward. When you are ready to fight for just compensation, you can schedule a consultation with one of our experienced lawyers.