Information on Pursuing Wrongful Death Claims in Illinois

Very few moments can leave a person scarred than the wrongful death of a loved one. Knowing that this incident could have easily been preventable undoubtedly makes the grieving process especially harder for the families that find themselves in this dizzying situation. Thankfully, the law provides these families the chance for some respite. By pursuing a wrongful death claim in court, Illinois families are given the opportunity to seek some form of closure that can help them move on from their devastation.

The Wrongful Death Act of Illinois defines wrongful death as the death of a person that was caused by another party’s neglect. This includes accidents such as car crashes or workplace injuries that lead to fatalities. In Illinois, family members of the victim are given the option to pursue a wrongful death lawsuit on behalf of their loved one. By going through the process of pursuing a wrongful death claim, they will be seeking out appropriate compensation meant to cover the damages they incurred. The Chicago personal injury lawyers of Karlin, Fleisher & Falkenberg, LLC points out that the pursuit of a wrongful death claim could help families recover the full-range of damages families experience due to the death of their loved one, which could include compensation for income, benefits, goods, and service.

Illinois state laws require that wrongful death claims should be filed by the victim’s personal representative. In most cases, this refers to the victim’s spouse, adult child, or parent, if he or she were still a minor. The personal representative can also be the individual that was named by the victim as the one responsible for handling their estate. Should the victim fail to name a personal representative at the time of death, the court will usually appoint one for them. Take note that a victim’s personal representative will only be given the opportunity to file for damages within the statute of limitations. Wrongful death claims must be filed after at least one year following the death of the victim and within two years of the death of the fatal accident.

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