When Is a Death Considered Wrongful in Illinois?

 Posted on May 17, 2024 in Wrongful Death

Losing a loved one is never easy, and while some deaths are unavoidable, others are preventable. When a preventable death occurs due to the negligence or recklessness of a third party, the death may be considered “wrongful” under Illinois law. In the case that your loved one suffers a wrongful death, you may be able to pursue a wrongful death claim to recover compensation.

A skilled Illinois wrongful death lawyer is essential to investigating your options for a wrongful death claim.

Understanding the Illinois Wrongful Death Act

In Illinois, the Wrongful Death Act states that wrongful death is a death that occurs due to another person’s “wrongful act, neglect or default.” You can think of a wrongful death claim as similar to a personal injury case where negligence or recklessness leads to an injury, except in the case of wrongful death, these injuries are fatal.

Wrongful death may occur in many different situations, often resulting from things like:

• Medical malpractice

• Car or trucking accidents

• Nursing home abuse or neglect cases

• Workplace injuries

When a wrongful death occurs, Illinois law allows the next of kin for the victim to pursue a claim on the victim’s behalf. This claim can aim to recover monetary damages for the expenses that are associated with the loss of a loved one, including pain and suffering, funeral expenses, medical expenses, and lost wages.

Who Is Eligible to File a Wrongful Death Claim?

To file a wrongful death claim on behalf of your loved one, you must be a relative or spouse. In most cases, the person named in the deceased’s last will and testament will also be named the personal representative of the deceased by the court. As a personal representative, he or she will be qualified to file a claim.

If there is no will, the court will appoint a family member or next of kin as the personal representative for the case.

When filing a wrongful death claim, pay close attention to the statute of limitations Illinois has in place. You will have two years from the date of death to bring your claim against the responsible party in court. Claims filed after this deadline will not be considered.

Contact a Chicago, IL Wrongful Death Attorney

Dealing with the death of a loved one is traumatic, especially if his or her death was preventable. A knowledgeable Chicago, IL wrongful death lawyer can help you with a wrongful death claim if you wish to pursue compensation.

Our attorneys at Winters Salzetta O'Brien & Richardson, LLC have extensive wrongful death claim experience, and we are dedicated to providing aggressive representation for our clients. Call 312-236-6324 for a free consultation.