WRONGFUL DEATH
The Illinois Department of Transportation reports that in 2021 there were 1,341 deaths involving a motor vehicle. A wrongful death lawsuit must be filed by the personal representative of the deceased person’s estate. This representative is typically appointed in the decedent’s will or by the court. The lawsuit is filed on behalf of the surviving spouse, children, or next of kin who are entitled to recover damages for the death.
There is a time limit within which a wrongful death lawsuit must be filed in Illinois. It’s crucial to file the lawsuit within this timeframe, as failing to do so may result in the case being barred by the court. The Illinois Wrongful Death Act, 740 ILCS 180/1 et seq., sets out the time limitations and the rights of the aggrieved parties.
Damages that may be recoverable in a wrongful death lawsuit in Illinois may include economic and non-economic damages. Economic damages are medical expenses, funeral and burial costs, and loss of financial support to the surviving spouse, children, or next of kin who are entitled to recover damages for the death. Non-economic damages, such as loss of companionship, emotional distress, and pain and suffering for the surviving spouse, children, or next of kin who are entitled to recover damages for the death. Punitive damages, which may be awarded in cases involving extreme negligence or egregious misconduct.
If damages are awarded in a wrongful death lawsuit, they are typically distributed to the surviving family members or beneficiaries according to Illinois law. The court will consider factors such as the relationship of the claimants to the decedent and their financial dependency on the decedent.
Wrongful death cases can be complex and emotionally challenging. It’s crucial to seek legal representation from our experienced wrongful death attorneys who can navigate the legal process, gather evidence, and advocate on behalf of the surviving family members to seek accountability, justice and fair compensation for the loss of their loved one. As with any other personal injury case, the Law Offices of Jacobson & Tchernev is happy to provide you with a consultation regarding your claim free of charge.
