Who Can Recover?

Chicago Wrongful Death Attorneys Explain

According to 740 ILCS 180/1, a surviving spouse and next of kin have the right to bring wrongful death claims.

In Illinois, “next of kin” include the:

  • Surviving spouse
  • Surviving child of the decedent
  • Parents of the decedent
  • Siblings of the decedent
  • Adoptive parents or adopted child

In the event that there is no surviving spouse or next of kin, the damages from a wrongful death action could go toward benefitting the following:

  1. The individual or group that provided hospital services in connection with the decedent’s last illness or injury;
  2. The individual or group that provided medical services in connection with the decedent’s last illness or injury; or
  3. Personal representatives, such as those who administered the decedent’s estate.

When to Contact a Wrongful Death Attorney

If you lost your loved one, you can only file a wrongful death claim if it has been less than two years since the individual’s death AND the death resulted from wrongful actions, negligence, or other liability. Because there are time limits for filing a Wrongful Death action, you should contact one of our attorneys right away to ensure your rights are protected.

Speak directly with one of our Chicago wrongful death attorneys to learn if you have a case. We provide free consultations so that you can learn your legal rights and options. Our clients do not pay an attorney fee unless we secure a recovery on their behalf, so get in touch with Power Rogers & Smith today!