Filing a wrongful death lawsuit is a common way to respond when a loved one has been killed by another person. However, many people are surprised to learn that wrongful death suits are actually very complicated, with most states limiting who is allowed to file this type of civil claim.
Before you file suit on behalf of your deceased loved one, it’s a good idea to learn about the rules for these lawsuits in Chicago and who is allowed to file this type of claim. Here is some brief information to help you learn who can file a Chicago wrongful death lawsuit and tips for hiring a lawyer for your claim.
Wrongful Death in Chicago
The rules for wrongful death lawsuits in Illinois are detailed in 740 Illinois Compiled Statutes 180. These regulations state that the person who killed your loved one can be held accountable in a wrongful death lawsuit. While you would technically be filing the lawsuit in place of your loved one, you also have the ability to pursue damages for yourself for the loss that you have experienced.
Who Can File a Wrongful Death Lawsuit?
Virtually every state puts restrictions on who can file a wrongful death lawsuit, and Illinois is no different. In this state, the person filing the wrongful death lawsuit must be the representative of the deceased person’s estate. This means either an attorney or a family member can file suit. Some of the people that may be able to file a wrongful death suit include an adult child or spouse of the victim, or a parent filing a case on behalf of their minor child.
Courts may appoint a representative if the departed had not established an estate representative prior to their death.
Statute of Limitations
If you’re interested in filing a wrongful death lawsuit, you must be certain to bring your claim before the statute of limitations set by the state of Illinois has passed. After your loved one has died, you will have one year from the time of their death to file your lawsuit. If you miss this deadline, you will not be able to pursue the compensation that you deserve for your loss.
Information About Damages
Several types of damages are available for wrongful death cases in Illinois, but they can only be paid to the spouse of the deceased or the next of kin.
Illinois rules allow juries to award damages in wrongful death cases for issues such as grief and sorrow, as well as more concrete damages such as burial expenses. However, if you are awarded damages for funeral costs, this will usually be paid directly to the estate of the deceased. The number of damages you receive will be left to the discretion of the jury in your case.
Get Help from a Chicago Wrongful Death Attorney
If you want more information about who can file a wrongful death suit, or if you’re interested in filing a case, then you need to have a discussion with the Disparti Law Group. Our attorneys can guide you through the process of planning and file your wrongful death lawsuit so that you can focus on mourning your loved one. Contact the Disparti Law Group today to get the legal representation that you deserve.