If you have lost a loved one due to someone else’s negligence, time is of the essence if you’re thinking of pursuing legal action. Each state’s laws sets strict deadlines to file a wrongful death lawsuit. If you miss them, you could lose your right to hold the responsible party accountable and recover damages, regardless of how valid your case may be.
The standard deadline to file a wrongful death lawsuit in Illinois is two years from the date of death. This deadline applies if the death was caused by negligence, such as a car crash, medical malpractice or unsafe property conditions. That said, the circumstances of the wrongful death can change how long you have to act. Here is what you should know.
Exceptions to the two-year deadline
Some wrongful death cases fall outside the two-year deadline. For instance, if your loved one died as a result of violent or intentional conduct such as murder, manslaughter or drug-induced homicide, the law gives you up to five years to bring a wrongful death lawsuit against the person who committed the act. Additionally, if they are criminally charged, you have one year from the end of their case to file.
Wrongful death claims involving government agencies have specific rules. There may be additional requirements and stricter time limits that apply before you can file a lawsuit against a public entity involved in your loved one’s death.
Act early to preserve your rights
Even if you think you have time, waiting too long can hurt your case. Crucial evidence may be lost, witnesses can become harder to reach and unforeseen complications may slow things down. The sooner you begin the process, the better your chances of building a strong claim.
Getting timely legal guidance can also help you meet the requirements specific to your situation and avoid pitfalls that could jeopardize your ability to recover damages.
