Illinois Law And Wrongful Death

by | Jun 17, 2015 | Attorneys

Nothing can be more devastating to a family if their loved one dies suddenly. If the incident could have been prevented or if it is the result of negligence or wrongdoing by another party, you have the right to seek compensation. If you live in Illinois in Skokie, wrongful death lawyers offer you the chance to do so. In fact, since wrongful death law is quite complex, it may be the only way you can. A skilled professional Illinois lawyer can advise you on such aspects that affect the law including the first step – choosing the individual who is to file the suit.

Who Can File a Wrongful Death Claim In Illinois?

In a wrongful death suit, the person who would normally file this type of personal injury case cannot. The only person who is able to file a wrongful death suit is now someone the law calls “the personal representative of the deceased.” 740 Illinois Compiled Statutes 180 clearly define who can and cannot represent the deceased. The list of those who are eligible to hold this position are:

  1. The spouse of the deceased
  2. The parent – if it is their minor child who has died
  3. One of the adult children of the deceased

These are the representatives have already be mentioned as the individual who is in charge of handling the deceased affairs when he or she dies. If no such record remains, the court will appoint someone to take over the role of personal representative.

It is then up to this individual to pursue the wrongful death claim. In Skokie, wrongful death attorneys can provide guidance in the various aspects of doing so.

The Statute of Limitations for Wrongful Death

In Skokie, wrongful death lawyers ensure the personal representative files the case before the Statute of Limitations runs out. In the state of Illinois, the time period allowed for an individual to file such a civil law suit is within two years after the death occurs. If this is not done, the courts may elect not to hear the court.

Damages in a Wrongful Death Suit

If you talk to skilled Skokie wrongful death lawyers, they understand exactly what is involved in the process. They also know what types of damages may be awarded. These may consist of the following:

  • Medical bills
  • Emergency care costs
  • Lost wages including future wages
  • Funeral and burial costs
  • Loss of consortium
  • Pain and suffering.

If damages are awarded, they do not go to the personal representative. Instead, they are turned over to the estate. The personal representative then will take charge and make sure they are distributed appropriately.

Skokie Wrongful Death Lawyers

If you are interested in pursuing a wrongful death suit, do consider the advantages of talking to professional Skokie wrongful death attorneys. Hire one who will join with you in your fight to make sure the wrongful death is recognized as such. In Skokie, wrongful death lawyers will work tirelessly to ensure that the heartbreaking damage that was wrought to the deceased’s family is compensated for in the only way now possible.

When it comes to Skokie Wrongful Death Lawyers, why not check out the professionals at Allegretti & Associates. They can provide you with the skill required in handling any wrongful death or personal injury accident.  Whether it is a vehicular accident or a tragedy that strikes you or your loved ones at work, let them help you find the right way to obtain the compensation you and your family deserves. To discover who we are and what services we offer, visit us online at Allegrettilaw.

Recent Articles

Categories

Archives