What Damages are Recoverable in an Illinois Wrongful Death Lawsuit?
When someone else’s negligence causes the death of your loved one, you can pursue a wrongful death case. Wrongful death cases are similar to personal injury cases in Illinois, except for the fact that the injured party cannot file for themselves, so a surviving family member has to file on their behalf. When a wrongful death occurs, the family may be able to recover damages. What damages are recoverable in an Illinois wrongful death lawsuit? That depends on the circumstances of your case, which an Illinois wrongful death lawyer can review and evaluate. Illinois attorney Jesse Guerra understands how to navigate the complex law surrounding Illinois wrongful deaths to get proper justice for your lost loved one.Who Can File a Wrongful Death Suit?
In Illinois, the parties eligible to recover damages are laid out in the Illinois Wrongful Death Act. The primary parties able to file suit on behalf of the decedent are the surviving spouse and the decedent’s children. If neither of these parties file, siblings of the deceased and parents are eligible to recover damages.
In Illinois the lawsuit is filed in the name of the executor or personal representative of the estate, rather than under the names of the family members. If you have questions about your eligibility to file a wrongful death claim, speak with an injury attorney serving Illinois.Potential Damages
After the loss of a loved one, you may be able to recover damages in your wrongful death lawsuit. In Illinois, potential compensation is broadly broken down into two categories:
- Compensation for the negligence or inaction of another party that caused the wrongful death of your loved one. Nothing can bring back your lost loved one, but the law offers some kinds of compensation to offset the impact this tragedy has had on your life including loss of income and future income, employment benefits, and loss of household services.
- In personal injury cases, there are certain damages plaintiffs are able to recover. Illinois personal injury law allows eligible parties to recover damages such as medical expenses, pain and suffering, and loss of consortium when they file on the decedent’s behalf.
Knowing how to calculate the value of the potential compensation in a wrongful death case is a vital asset when going through with a wrongful death lawsuit. More often than not, these kinds of cases are settled outside of court. The negligent party and their attorneys will try to get you to accept an offer. If you don’t know how much your case is actually worth, you may end up settling for much less than you deserve.
Having an experienced lawyer on your side during this process will benefit your case immensely. To learn more about what damages you can recover in your case, talk to an Illinois wrongful death lawyer.Statute of Limitations
A statute of limitations refers to the amount of time you have to file a claim after a wrongful death. For wrongful death cases in Illinois, the statute of limitations is 2 years from the date of the deceased’s death. If you don’t file within the allotted time, you may be unable to pursue compensation. However, there are some circumstances which would allow you to still file even if you’re past the deadline.The Proper Way to File Suit
Losing a loved one is very difficult. Nothing can bring back your lost loved one, but getting justice for them is a way to feel closure. Working with an experienced injury attorney serving Illinois can increase your chances of making the most of your case. Illinois attorney Jesse Guerra is a legal expert who is dedicated to serving those in need. You can learn more about his work with Carabin Shaw here. If you need representation for a wrongful death case, call 1-800-555-0101 for a free consultation.