If you have suddenly lost a loved one because of someone else’s negligence, you may be forced to cope with financial insecurity in addition to grief. Under Illinois law, if your loved one lost their life due to a car accident, truck accident, motorcycle accident, train accident, pedestrian accident, work accident, faulty product, nursing home negligence, or medical malpractice, you have the right to file a wrongful death claim.
For years, Cates Mahoney, LLC has provided aggressive legal representation for wrongful death claims. We have the skills and resources it takes to prove that the victim died because of the wrongdoer’s careless or reckless actions. Our Belleville wrongful death lawyers have helped countless clients obtain the justice and maximum compensation they deserve.
Contact us today at 618-277-3644 for a free and confidential consultation.
Illinois Wrongful Death Laws
In Illinois, a wrongful death occurs when the death of a person or multiple people was the result of the wrongful conduct or actions of another person or entity. The state has two laws known as the Illinois Survival Act and the Illinois Wrongful Death Act that govern wrongful death cases.
Under the Illinois Survival Act, the family of the deceased person can pursue any claims for personal injury the victim may have had resulting from the negligent party’s actions, such as conscious pain and suffering. The Illinois Wrongful Death Act gives family members the right to pursue claims for compensation for the damages suffered from losing their loved one, such as loss of economic benefits and grief, sorrow and mental suffering.
Who Can File a Wrongful Death Claim in Illinois?
In Illinois, only certain individuals who are considered personal representatives can file wrongful death claims. The spouse of the deceased is most commonly the plaintiff in a wrongful death claim because he or she typically has the closest emotional and financial relationship with the victim.
Parents of victims may also collect on a wrongful death lawsuit. Although there is no age cutoff for parents, the most common situation through which parents file a claim is when the victim is a minor or infant or where an adult child has no children or siblings. In addition, children also have the right to claim wrongful death damages in instances where a parent or sibling has died due to negligence.
Statute of Limitations and Recoverable Damages
Like any cause of action, there are time limitations for filing a wrongful death lawsuit, which are commonly referred to as Statutes of Limitations. Statutes of Limitations impose strict time limits in which a claim must be filed. If you fail to file a wrongful death claim within the appropriate time period, you could forego recovering compensation resulting from your loved one’s death, such as:
- Loss of future wages
- Loss of benefits such as insurance and savings
- Funeral costs
- Loss of love and companionship from the victim
- Loss of services and contributions from the victim like childcare and running the household
- Grief, sorrow and mental suffering of the spouse and next of kin
Contact the Belleville Wrongful Death Lawyers at Cates Mahoney, LLC
The Belleville wrongful death lawyers at Cates Mahoney, LLC have the skills and experience to recover compensation for the losses suffered by the loved ones of wrongful death victims. If you are coping with the tragic death of a loved one and believe you have the right to file a wrongful death claim, we will help you understand your rights and provide you with the legal support you need to achieve justice in one of the most difficult and heartbreaking times of your life.
The results that our lawyers have achieved for our clients speak for themselves. Our Belleville wrongful death attorneys have recovered millions for the families of deceased victims of negligence.
Do not hesitate to give us a call at 618-277-3644 or contact us online to arrange a free, no-obligation case consultation. Our cases are handled on a contingency fee basis, meaning you won’t owe us a penny unless you recover compensation. We will provide you with the compassion and guidance you need to help you and your family cope with this emotional and life changing tragedy.