Fatal accidents are often devastating for the victim’s family. In addition to the personal loss, families may worry about their financial futures, especially if the decedent helped provide for the family. Fortunately, the legal system provides a way to seek justice.
A Naperville wrongful death lawyer could help you navigate the complex process of filing a claim and pursuing fair compensation for your loss. Reach out to a compassionate personal injury attorney today to discuss your case.
Types of Compensation Available in Wrongful Death Cases
Most personal injury lawsuits aim to compensate the victim for all of the losses they sustained. This includes medical expenses, pain and suffering, and the professional ramifications of their injuries and debilitation.
However, in wrongful death cases under 740 Illinois Complied Statutes § 180/2, the victim cannot benefit from these legal damages since they did not survive the incident. Therefore, the wrongful death statute in Naperville focuses on the interests of the deceased person’s close family.
Instead of awarding them compensation for medical expenses and pain and suffering, a successful wrongful death claim helps a family recover for financial losses stemming from the fatal incident, including damages for their grief and mental suffering. There are few limitations on the recoverable damages, as the law only requires the jurors to “give damages as they shall deem a fair and just compensation.” However, this lack of solid guidance means that a Naperville wrongful death attorney could be essential for showing jurors how much compensation should be paid.
Who Can Recover Compensation in a Wrongful Death Claim?
Another unique aspect of wrongful death lawsuits is where the recovered compensation goes. Because the victim is deceased, they are not able to collect or use it on their own. Instead, it goes to the victim’s loved ones.
The law can be somewhat confusing about who is eligible for compensation. Rather than using intestacy law or the victim’s will to distribute a wrongful death award, the court determines how dependent each person was on the support of the victim and distributes the award accordingly.
An unfortunate downside to this solution is that it incentivizes conflict among a victim’s loved ones, as they stand to financially gain from showing that they were closer to the deceased person than others. A legal representative could be a critical asset in these potentially tricky situations.
Statute of Limitations
All lawsuits for compensation need to comply with the state’s applicable statute of limitations. In wrongful death cases, there are two statutes that could limit when people need to file the complaint. 735 ILCS § 5/13-209 requires the lawsuit to be filed within either one year of the victim’s death or within two years of the date of the incident – whichever is later. Discussing legal options with a Naperville wrongful death attorney should be done well before these deadlines in order to build a strong case.
Contact a Naperville Wrongful Death Attorney Today
If you lost a loved one in an accident, a lawsuit could hold the negligent party accountable for their actions. With the help of a Naperville wrongful death lawyer, you could pursue the compensation you deserve. While no award can make up for your loss, protecting your financial well-being could be a critical part of the healing process.