The Requirements for Filing an Illinois Wrongful Death Claim

Published on November 15th, 2019

We all know that there are many different types of accidents that can result in injuries, but there are also scenarios that lead to wrongful death for victims involved. The negligent party may have a difficult time accepting that their wrongdoing resulted in an untimely death. Regardless of the cause of death, whether it be a car accident or medical malpractice, the deceased individual’s surviving spouse and kids may be entitled to monetary compensation. Here’s what our wrongful death lawyers want you to know about Illinois law. 

The Illinois Wrongful Death Act

This defines what “wrongful death” of a victim is and explains the different aspects of filing a claim. It outlines who can receive financial compensation for the wrongful death of a loved one, what specific situations constitute “wrongful death” and the amount and types of compensation that is available. It’s also important to note that the individual needs to file a wrongful death claim within two years of the death. However, if the death was caused by a criminal act of violence, action must be taken within a year. 

Who Is Eligible to File a Wrongful Death Suit?

Illinois law states the surviving spouse, children of the deceased, family members or personal representatives are eligible to file a wrongful death lawsuit. 

Contributory Fault

Another factor our wrongful death lawyers in Joliet consider is the role of contributory fault. If the deceased person was responsible for more than 50 percent of the accident, no damages will be awarded. If the deceased was at fault by a smaller percentage, the compensation would be reduced proportionately. 

Wrongful death cases can be extremely stressful and intimidating to take on alone. Rely on our team at Block, Klukas, Manzella & Shell, P.C. to take on your case.

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