Who Can File A Wrongful Death Claim in Illinois?

Posted By Power Rogers & Smith, L.L.P. || Mar 25, 2016

FuneralIf you lost someone you love as a result of someone else’s negligent actions, you may be able to file a wrongful death lawsuit against the responsible party. Before you do, though, it is important to determine if you qualify to file a claim. Illinois has specific laws relating to wrongful death claims and making sure you understand the restrictions is critical to your case. In Illinois, wrongful death suits must be filed within two years of the date of death or within the time otherwise prescribed by the applicable statute of limitations.

There are also certain restrictions limiting who can file a wrongful death claim. In Illinois, the individuals who can seek compensation for the death of a loved one under the Wrongful Death Act include the following:

  • The decedent’s spouse
  • The decedent’s children
  • Other next of kin

What Damages are Available in Wrongful Death Cases?

The damages that may be awarded in a wrongful death claim are distributed based on what is fair and what the jury feels is just compensation. This can include compensation for pecuniary injuries resulting from such death, including damages for grief, sorrow, and mental suffering, to the surviving spouse and next of kin of such deceased person.

There are three types of damages the survivors can be eligible for in a wrongful death case:

  • Economic Damages: These damages are intended to compensate the survivors for lost financial contributions from the deceased, including:
    • Expenses resulting from the death, like funeral and medical costs
    • Expected earnings losses
    • The loss of medical coverage, pensions, or other benefits
    • Lost inheritance
    • Goods and/or services lost through the death of the victim
  • Non-Economic Damages:
    • Mental anguish or pain and suffering caused by the death of the victim
    • Potential training, nurturing, protection, guidance, care and advice lost after the death of the victim
    • Society, love, and companionship lost after the death of the victim
    • Consortium lost after the death of a spouse
  • Punitive Damages:
    • In states that allow for punitive damages, if the defendant’s conduct was especially egregious or willfully negligent, the court may permit pursuit of punitive damages

At Power Rogers & Smith, L.L.P., our Chicago wrongful death attorneys are dedicated to helping the families of wrongful death victims. We know that the loss of a loved one brings serious emotional pain, and requires families to make many difficult decisions while coping with their loss.

Our firm is ready to help you find justice. Leave the legal work to us and ensure that your rights are protected. Call us today to learn more about your potential to file a claim in a free case evaluation.

Related Stories:

Categories: Wrongful Death

Contact the Attorneys at Power Rogers & Smith

Fill out the form below for your free case evaluation.

    • I have read the disclaimer.

      Please read and agree to the disclaimer

      Emailing an attorney does not create an attorney-client relationship between the attorney and users of this website. An attorney-client relationship is ONLY established through a written engagement, and only where doing so would comply with all applicable laws and ethical rules.

      CONFIDENTIAL INFORMATION: Transmission of information online, over email, or through any electronic means can be unstable, unreliable and insecure. If you do not have an existing attorney-client relationship, your e-mail may not be privileged or confidential.