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Wrongful Death AttorneyAlthough some individuals are fortunate enough to escape accidents with only minor injuries, or even walk away completely unscathed, many are not so lucky and may in fact lose their lives as a result of their injuries. While these individuals are no longer able to file a claim against the person or entity who caused their accident, Illinois law allows a decedent’s loved ones to file a claim on that person’s behalf.

Filing these types of claims tends to be difficult, especially for those who are mourning the loss of a close relative, so if you recently lost a loved one in an accident, you should speak with an experienced wrongful death lawyer who is familiar with state law and procedure and can help you seek compensation for your losses.

What Qualifies as a Wrongful Death in Illinois?

Illinois law defines a wrongful death as any death that is caused by:

  • A wrongful act;
  • Neglect; or
  • Default.

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A decedent’s loved ones can file a wrongful death claim in cases where one of these acts led to a relative’s death if that individual would have had standing to file a personal injury claim if he or she had survived. However, these kinds of lawsuits, in addition to allowing a decedent’s relatives to recover compensation for the deceased’s losses, also allow the family members of the deceased to recover compensation for their own losses stemming from the victim’s death.

Who Can File a Wrongful Death Claim?

In Illinois, wrongful death claims can only be filed by the personal representative of a deceased person’s estate. In most cases, a decedent’s personal representative is a close relative, such as a surviving spouse, parent, or adult child. If, however, the decedent passed away without appointing a personal representative in his or her estate plan, the court will step in and appoint one. Any damages recovered in a wrongful death suit are awarded to the surviving spouse and next of kin of the deceased.

Damages in a Wrongful Death Case

Plaintiffs who file a successful wrongful death claim on a loved one’s behalf could be eligible for damages compensating them for:

  • The medical expenses incurred as a result of the decedent’s final illness or injury;
  • The pain and suffering endured by the decedent prior to his or her demise;
  • The grief, sorrow, and mental suffering experienced by the decedent’s surviving relatives;
  • The loss of the decedent’s companionship;
  • Funeral and burial costs, which are usually paid to the estate directly; and
  • The loss of future income that the decent could have earned if he or she had not passed away.
  • It’s important to note that Illinois plaintiffs will only be able to recover these types of damages if they file a wrongful death claim before the two year statute of limitations expires.

An Experienced Western Springs Wrongful Death Lawyer

To learn more about filing a wrongful death claim in Illinois, please contact experienced and compassionate Western Springs wrongful death attorney Mary Ann Covone, P.C. Attorney at Law today. A member of our legal team can be reached at (708) 246-4911, or via online message.