While many people are fortunate enough to escape serious accidents with only minor injuries, many are not so lucky. In especially tragic cases, some may even lose their lives. Besides the emotional and physical toll these untimely losses can take on a victim’s loved ones, these devastating accidents can leave survivors struggling to pay medical debt, while also adjusting to a loss of income.
Fortunately, the relatives of accident victims are often entitled to compensation for these losses. While recovering reimbursement for medical bills and lost wages can never truly compensate a grieving relative for the loss of a loved one, it can go a long way towards helping them meet their financial obligations while focusing on the healing process. To learn more about filing a wrongful death claim in Illinois, please call our Brookfield wrongful death legal team today.
Filing a Wrongful Death Claim in Illinois
In Illinois, a wrongful death is any death that was the result of neglect, default, or a wrongful act, but only if the negligent or wrongful act in question would have supported a personal injury claim if the victim had survived. Furthermore, only the personal representative of the decedent can file this type of claim, although that individual does so on behalf of the deceased’s surviving spouse and next of kin.
It’s also important to note that plaintiffs only have two (2) years from the date of their loved one’s death to file a wrongful death claim, unless the deceased was the victim of a crime of violence, in which case, his/her heirs:
- Would have five (5) years to file a claim; or
- Would need to file a claim within one (1) year of the final disposition of the defendant’s criminal case.
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Plaintiffs who fail to file a wrongful death claim before these deadlines risk having their claims barred by the court, making it especially important for those who have suffered this type of devastating loss, to speak with an attorney as soon as possible.
Wrongful Death Damages
Those who successfully file a wrongful death claim on a loved one’s behalf could be entitled to compensation for pecuniary injuries, which has been interpreted by courts as including not only compensation for losses like medical expenses and lost income, but also reimbursement for a loss of services and:
- Grief;
- Sorrow; and
- Mental suffering.
The amount of these damages awards depends on several factors, including the deceased’s age and income, as well as his/her relationship to the survivors.
Contact Us Today for a Case Evaluation
If you recently lost a loved one in an accident that was not their fault, you may be able to hold the negligent party accountable for his or her actions. To learn more about your legal options following a relative’s tragic death, including how to file a wrongful death claim, please call dedicated Brookfield wrongful death lawyer Mary Ann Covone, P.C. Attorney at Law for an initial consultation. We can be reached at (708) 246-4911 or via online message.