Yes, there are several time limits, depending on the facts surrounding your loved one’s death. Under Illinois wrongful death laws, known as the Illinois Wrongful Death Act, if your loved one dies due to someone else’s deliberate violent actions, you may file a civil lawsuit for wrongful death up to five years from the date of their passing. Under Illinois’ criminal statutes (Chapter 720), the suit must be brought within one year of the criminal trial’s conclusion if your loved one’s death is related to a criminal case involving charges such as: Drug-induced homicide Involuntary manslaughter Reckless homicide Second-degree murder First-degree murder Intentional killing of an unborn child (under Chapter 720, section 9-1.2); not related to abortion (Reproductive Health Act, section 1-10) Voluntary manslaughter of an unborn child (section 9-2.1) Involuntary manslaughter or reckless homicide of an unborn child (section 9-3.2) In instances where your loved one’s death is due to negligence, you have up to two years from the date of their death to file a wrongful death suit.
You may file a suit to obtain reimbursement and payment of your loved one’s medical expenses, funeral costs, loss of potential income and loss of consortium. No two wrongful death cases are alike. Depending on your life situation, you and your family may qualify for compensation involving other damages such as mental suffering or grief as well.
You may file a wrongful death claim if your spouse, child or parent dies. You may also file a wrongful death claim if the court appoints you the personal representative of the deceased’s estate. Recovery of damages are solely for the benefit of the deceased’s surviving spouse and nearest relatives. The funds are subject to distribution according to the level of financial dependence they had on the deceased. When there are no surviving spouses or close relatives, the monetary damages are then designated for the exclusive use of: The entities that provided hospital care during the deceased’s final sickness or injury The entities that rendered medical or surgical services for the last sickness or injury of the deceased The personal representative(s) of the deceased, as compensation for managing the estate and related responsibilities There are caps on the monetary amount recoverable in these circumstances.
You may file a wrongful death claim if your spouse, child or parent dies. You may also file a wrongful death claim if the court appoints you the personal representative of the deceased’s estate. Recovery of damages are solely for the benefit of the deceased’s surviving spouse and nearest relatives. The funds are subject to distribution according to the level of financial dependence they had on the deceased. When there are no surviving spouses or close relatives, the monetary damages are then designated for the exclusive use of: The entities that provided hospital care during the deceased’s final sickness or injury The entities that rendered medical or surgical services for the last sickness or injury of the deceased The personal representative(s) of the deceased, as compensation for managing the estate and related responsibilities There are caps on the monetary amount recoverable in these circumstances.
Yes. The legal proceedings can be complex. Especially if the hospital where you believe your loved one was a victim of wrongful death is a publicly funded institution operated by state or county authorities. Such government-affiliated hospitals have a degree of legal protection to shield them from certain lawsuits. There is a public interest in limiting a public hospital’s exposure to litigation. Cases against state-owned hospitals in the Illinois Medical District, for example, would be brought before the Court of Claims. If your relative passed away due to negligent medical treatment, you have up to two years to start the lawsuit against the private or public medical facility where a lack of care was provided. Keep in mind your lawsuit can also name the individual medical professionals who were responsible for the negligence.
Hiring a lawyer to assist with your wrongful death claim is advisable for several reasons: Navigating legal complexity: The laws surrounding wrongful death claims can be complex and vary depending on the circumstances of the death. An experienced lawyer will have a deep understanding of Illinois statutes, including the specific time frames within which you must file your claim. Handling criminal proceedings: If the wrongful death is associated with criminal charges, the civil case can be deeply intertwined with the criminal proceedings. We are familiar with the nuances of criminal charges under the relevant sections of Chapter 720 of the Illinois statutes and can tailor your case accordingly. Maximizing compensation: We will help ensure that you receive fair compensation for the loss of your loved one. They can also negotiate with insurance companies and opposing counsel on your behalf. Investigative resources: We have access to resources such as private investigators and expert witnesses who can strengthen your case by uncovering evidence and providing professional testimony. Reducing stress: Dealing with the loss of a loved one is emotionally taxing, and attempting to navigate Illinois’ legal system on your own can add to that stress. Let us handle the legal proceedings, allowing you to focus on your family and the grieving process. No upfront costs: We offer our legal service on a contingency fee basis. We only get paid if we win your case.
