What to Know About Filing a Wrongful Death Lawsuit in Illinois
Losing someone important is devastating. If that loss happened because of someone else’s negligence you may have legal options. In Illinois families who have lost a loved one can sometimes pursue a wrongful death suit. This post explains what qualifies as wrongful death, who may file what types of damages may be awarded, how long you have to file and how a trusted attorney like Michael J Brennan can help. If your family has been hurt by a preventable death you can reach out now for a free consultation to learn your rights and next steps.
What Counts as a Wrongful Death in Illinois
Under Illinois law, a wrongful death claim arises when someone dies as a result of another party’s illegal act or failure to act responsibly. Common scenarios include car accidents, medical malpractice, workplace incidents and unsafe property conditions. It is not enough that the death is tragic, it must have been caused by someone else’s negligence or misconduct. Proving fault is key to moving forward.
Who Can File a Wrongful Death Claim
In Illinois, a wrongful death claim must be filed by the personal representative of the deceased person’s estate. This person is often a surviving spouse, adult child, or another close family member. If the deceased did not leave a will or name a representative, the court may appoint someone to take on that role.
While the personal representative is the one who files the claim, the lawsuit is brought for the benefit of the surviving family members who have suffered a financial or emotional loss. The law gives priority to close relatives such as the surviving spouse and children. However, in some cases, other family members like parents or siblings may also be eligible to receive a portion of any damages awarded, depending on the family structure and financial impact of the loss.
This system is designed to make sure those most affected by the death receive support while keeping the legal process as organized as possible.
What Kinds of Damages Can Be Recovered
Illinois wrongful death claims allow for a range of damages. Funeral and burial costs may be reimbursed. Lost wages and future earnings the deceased would have contributed to their household may be included too. The family may claim loss of companionship or comfort and compensation for emotional distress. The exact amount depends on age, income potential, family structure and the strength of the emotional bond.
How Long You Have to File a Lawsuit
The law gives you a two year window from the date of the death to file a wrongful death suit in most cases. Missing that deadline often means you can no longer bring a claim. Certain rare situations such as medical negligence discovered after discovery or criminal conduct may allow more time, but that is not typical. Acting sooner rather than later is important so evidence remains fresh.
What to Expect During the Legal Process
Pursuing a wrongful death case can feel overwhelming, especially while coping with grief. The legal process often begins with a thorough investigation, including gathering medical records, witness statements, and accident reports. Once a claim is filed, the case may involve negotiations with insurance companies or move to trial if a settlement cannot be reached.
Having an experienced attorney can make the process more manageable. They handle the legal work so you can focus on healing, while also making sure your case is prepared and your rights are protected every step of the way.
Why Legal Support Matters
A wrongful death case involves more than filling out forms. Evidence gathering may include accident reports, medical records and expert opinions. Insurance companies and defense teams may dispute fault, question your losses or demand proof of emotional harm. Working with an experienced attorney ensures your side is heard and helps protect your rights. Michael J Brennan provides both compassion and experience. He can collect facts, deal with paperwork and negotiate or represent you in court depending on how your case unfolds.
What You Can Do Next
Grief alone is overwhelming. When another party’s mistake or negligence played a role it may also leave financial and emotional burdens. A wrongful death claim can help you pursue justice and honor the memory of your loved one.
If this situation sounds familiar you do not have to face it alone. Reach out to Michael J Brennan today for a free consultation. WE will listen carefully to your story, help you understand your rights and guide you toward a way forward. You are not obligated to move forward unless you choose to.