Losing a loved one because of another person’s negligence is devastating. A fatal accident can bring both emotional and financial stress to an entire family that can be long-lasting. If your family member was killed due to negligence, you may be rightfully seeking to recover damages. The first step to put your family on the path to receiving compensation is determining who has standing to file the claim. If you are interested in pursuing a wrongful death claim, it is important that you consult with a qualified wrongful death lawyer. Your family deserves compensation for their loss - an experienced attorney can advocate for you to receive everything you are entitled to.

Who Has Standing to Bring a Wrongful Death Action in Illinois?

In Illinois, wrongful death actions must be brought by the “personal representative” of the deceased. The personal representative is the estate administrator or executor of the person who passed away. If your deceased family member had a will or other estate planning documents, they probably appointed a personal representative.

However, if the victim did not name someone as their personal representative, the court will need to appoint someone. Generally, the court aims to choose someone the deceased would have chosen themself - most often, this is a close family member. Spouses and adult children are common choices. However, it is not required that the personal representative be a relative. In some cases, courts or individuals will appoint a professional executor if there is a particularly complex estate involved.

One of the most stressful events that you could ever experience in life is the death of a loved one. While we will all have to experience the loss of someone close to us at one point or another, experiencing that loss unexpectedly can be even more stressful than it would usually be. When you suddenly lose a loved one, you now have expenses that you were not planning for and in some cases, even financial losses that can devastate your family. Thankfully, you have the right to file a wrongful death lawsuit if another person is at fault for the death of your loved one.

Filing a Wrongful Death Claim

Wrongful death lawsuits can cover a variety of actions, both intentional and unintentional, that are taken by individuals that cause the death of another person. For example, a common reason why wrongful death claims are filed are from deaths from car accidents. In most cases, a wrongful death claim involves a personal injury claim that could have been made by the deceased individual if they were still alive.

However, obviously rather than the deceased individual, his or her spouse or close family member is permitted to file the wrongful death claim for the losses associated. In most cases, the statute of limitations for a wrongful death case is two years after the incident. However, if the incident involved violent intentional conduct, the state of Illinois allows for a five-year statute of limitations.

It is possible to lose many family members during the span of a person’s life. Whether of old age, disease, or an accident, it is never easy to lose someone you love. Some losses can be expected and prepared for, but what happens when a family member dies unexpectedly due to someone else’s negligence? A wrongful death lawsuit can be filed by the victim's family if they believe someone can be held accountable for their death. It is similar to a personal injury lawsuit, except the next of kin files for compensation instead of the person injured.

The compensation sought in a wrongful death case is for medical bills of the deceased, funeral expenses, loss of wages, and loss of emotional support caused by the unexpected death of a family member. A family may be losing their main financial support which can put them at risk to debt and other unfortunate circumstances.

The spouse of the deceased or the next of kin has the immediate right to collect damages. An adopted child is considered a next of kin as a natural-born child would. If the deceased does not have a spouse or children, the person who supported medical treatment may be eligible for some compensation. A personal representative must be assigned to the deceased’s estate to move forward with a wrongful death claim. The personal representative may be entitled to some compensation if the deceased has no spouse or next of kin. Otherwise, the damages will be awarded to the immediate family for their care.

It is inevitable that we are to lose loved ones due to old age or an accident. However, when a loved one is lost unexpectedly due to another person’s negligence, it is the surviving family that suffers. The average cost for a funeral in Illinois is $10,000 including cemetery plans. If the head of a household is lost unexpectedly, the surviving family may not be able to make ends meet with a sudden loss of a family member and funeral costs to attend to. When a person’s death can be connected to another’s wrongdoing, the surviving family may be able to sue for wrongful death.

What Is Wrongful Death?

Wrongful death is when another party can be held responsible for the death of an individual through a wrongful act. If the act had not been followed through, whether negligence or default, then the death would not have occurred. Wrongful deaths can occur in many aspects of law including auto accidents, medical malpractice, and workplace accidents. For example, if a person dies as the result of a drunk driver, their surviving family could file for wrongful death because the accident would likely not have happened if the driver was sober and following the law.

Anytime is hard to lose a loved one, but when a family member dies unexpectedly due to the negligence of an individual or a company, it is the surviving next of kin that suffers due to the unexpected expenses and grief. A wrongful death case must follow circumstances in order for the family to receive compensation, but needing to file a wrongful death is not something you plan for, so it is understandable not to know what is next.

The strength of a wrongful death case relies on the fact that the deceased would still be alive if it was not for the negligence or intentional act to cause harm, by another party. The family also needs to be directly affected by the death of the person - either with significant financial and/or emotional strain. These two things need to be proved by a family in order to receive compensation for a wrongful death.

A wrongful death can occur many ways. A few examples are car accidents, medical malpractice, work-related incidents, or violent crimes.