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Illinois Laws Surrounding Wrongful Death Claims and Lawsuits

Every state has their own specific laws regarding wrongful deaths claims and lawsuits. Our laws can be found in the Illinois Compiled Database, which compiles the all Illinois laws surrounding wrongful death claims and lawsuits in one place. However, these laws can often be confusing for people trying to determine if they may be eligible to make a claim or pursue a lawsuit. For this reason, we have provided two avenues of help.

First, by contacting Illinois attorney Jesse Guerra, you can receive a completely free consultation to discuss your claim and will be provided with any initial advice (and potential council) you need. Second, we have provided below clear descriptions of laws that may be important to you in deciding if you qualify for a wrongful death lawsuit and what potential steps forward you have.

What Constitutes a Wrongful Death?

Any death that is caused by the direct fault of another person is considered a wrongful death. Another person can mean both literally another person, but it can also mean a company or a corporation. This other person can be held liable for a wrongful death in the circumstances of negligence and in direct error of action. People, companies, and corporations can all be held accountable for their actions. An Illinois injury attorney can help you seek that accountability.

What is the Statute of Limitations to Bring Forward a Claim?

The time window to bring forward a claim after the death has occurred varies based on the nature of death. A wrongful death action can be brought forward within five years of the death if the death was found to be:

  1. First Degree Murder
  2. Intentional Homicide
  3. Second Degree Murder
  4. Voluntary Manslaughter
  5. Involuntary Manslaughter or Reckless Homicide
  6. Involuntary Manslaughter or Reckless Homicide of an Unborn Child
  7. Drug-Induced Homicide

In the case of negligence or some other cause of death not listed, a person has two years to submit a claim. Hiring a wrongful death lawyer in Illinois can help you determine the cause of death and how to proceed according to the appropriate statute of limitations.

Who Can Receive Compensation?

In the event of a wrongful death, a lawyer presents the lawsuit on behalf of the deceased’s representatives, and the people who can be awarded compensation are the spouse and next of kin. If the deceased left no spouse or next of kin, then the compensation goes to the people providing medical care before the death and to those handling the estate, including the attorney.

What Types of Compensation Are You Entitled To?

Enduring the wrongful death of a family member is unimaginably painful and that distress should be accounted for in the compensation awarded. The law states that the spouse and next of kin of the deceased can receive damages for the grief, sorrow, and mental suffering they are forced to live through due to the negligence or error of someone else’s actions. An Illinois injury attorney will help you through this difficult time and make sure you get the compensation that the law directly states you deserve.

Contact a Wrongful Death Lawyer in Illinois Today

We know that after the wrongful death of a loved one the last thing you want to do is struggle with unfamiliar law practices. Illinois attorney Jesse Guerra rids his clients of that stress. As a trained professional with years of experience, Mr. Guerra can make sure you get the compensation and justice you and your family deserve.

Additionally, Jesse is an attorney of Carabin Shaw, so not only are you receiving his experience but also the resources and respect of an esteemed law firm. You can call us toll-free at 1-800-555-0101 for your free initial consultation.

Visits with the Attorney are by appointment only. Main office San Antonio, Texas.

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