Losing a loved one is always a traumatic experience. When another person’s negligence and wrongful actions caused this tragedy, you may feel tremendous pain compounded by a sense of injustice.
A wrongful death lawsuit can offer justice and compensation for the surviving family of those who died due to medical malpractice, auto accidents, workplace injuries and other qualified incidents. But who is eligible to seek this legal recourse?
A wrongful death claim can help families heal
Generally, the following people can pursue this action:
- The deceased person’s spouse
- The deceased person’s children (including adopted children)
- The deceased person’s parents (if the victim was unmarried and had no children)
- The deceased person’s siblings (in certain circumstances)
It is important to note that Illinois law requires the personal representative of the deceased’s estate to file the actual lawsuit. This person, often named in the will or appointed by the court, will represent the surviving family members and the estate. The legal time limit for bringing a wrongful death action in Illinois expires two years after the deceased person’s passing.
If the claim is successful, you may be able to recover monetary payments for the loss of financial and emotional support you have endured or will endure. The claim may also cover funeral and burial expenses and medical costs related to the deceased’s final injury or illness.
You do not have to face this difficult time alone
The loss of a loved one is already emotionally challenging and filing a wrongful death claim can make the situation more complicated. When considering this action, it is essential to obtain legal advice as soon as possible. Their support can be invaluable in getting the justice you and your loved one deserve.
