Cook County Wrongful Death Law Firm Protects the Rights of Those Left Behind
Illinois Attorneys Focus on Wrongful Death Claims
In the state of Illinois, wrongful death cases are filed under the wrongful death statute, which allows for the recovery of damages if it can be proven that a person’s death occurred as a result of negligence.
Who Can File a Wrongful Death Claim in Illinois?
Under Illinois law, a wrongful death claim must be filed by the personal representative of the decedent’s estate. If the person died without designating a personal representative, the court may appoint someone. The personal representative is usually a close relative of the deceased person, such as:
- A spouse
- A parent of a minor child who has died
- An adult child of the decedent
In Illinois, a wrongful death lawsuit must be filed within one year of the date of the deceased person’s death, in certain circumstances, according to the statute of limitations. If the case is not filed within the specified time limit, the court may refuse to hear it.
Wrongful Death Damages
Damages in an Illinois wrongful death case as paid “for the exclusive benefit of the surviving spouse and next of kin of [the] deceased person.” Wrongful death damages are meant to compensate survivors for their losses resulting from the death and may include an award for grief, sorrow, and mental suffering. Funeral and burial expenses will typically be paid directly to the estate, while damages for loss of care or companionship must be paid to the family members, such as the deceased person’s spouse or children.
Contact an Experienced Cook County, IL Wrongful Death Attorney Today
Are you considering filing a wrongful death lawsuit in Cook County, IL? For solid legal in wrongful death cases, contact the attorneys at Kelly Law Offices, LLC online or call 1-800-859-8800 to discuss your potential for recovery today.
