An Explanation of Wrongful Death Lawsuits in Illinois

October 26, 2012

A wrongful death lawsuit is a legal claim that arises when someone dies as a result of another party's negligence or wrongdoing. A wrongful death may be caused by a negligent act such as a car crash or medical malpractice, or by a deliberately harmful act such as physical assault. Individuals as well as corporations and other entities can be held liable in an Illinois wrongful death lawsuit, as can their insurance companies.

The Purpose of the Wrongful Death Statute

The purpose of a wrongful death lawsuit is to provide financial compensation to the people who have suffered a loss as a result of the death. Each state has its own laws that establish the procedure for filing a wrongful death claim, as well as dictating who may file and what types of damages may be available.

Who May File for Wrongful Death in Illinois

In Illinois, when a person dies because of someone else's negligence or wrongdoing, the deceased person's next of kin can file a wrongful death lawsuit against the party who caused the death. Typically, eligible family members under Illinois law include the surviving spouse or children of the deceased person. However, other surviving family members such as a parent or sibling of the deceased may be eligible to file a wrongful death claim under certain circumstances.

Potential Damages

A surviving family member who brings a successful wrongful death action in Illinois may recover damages, or financial compensation, for a number of different types of losses that may occur as a result of the death. Potential damages in an Illinois wrongful death case may include:
-Medical and funeral expenses
-Lost income and financial support
-Grief and mental suffering
-Loss of companionship
-Loss of parental guidance

Effect of Criminal Charges on Wrongful Death Liability

In many cases, someone who causes the death of another may face criminal charges for his or her actions. The surviving family members of the deceased individual may file a wrongful death action whether or not the party responsible for the death has been charged with a crime. Likewise, a party may be liable for wrongful death in civil court even if he or she is found not guilty of a criminal charge in connection with the death.

Statute of Limitations

Illinois law requires that a wrongful death lawsuit generally must be filed within two years after the date of death. Therefore, it is important for families who have lost a loved one to take action quickly to preserve their right to seek financial compensation through the legal system. For more information about wrongful death in Illinois, speak to an experienced personal injury and wrongful death attorney.

Article provided by James P. Ginzkey, Trial Attorney
Visit us at http://www.jimginzkey.com