Who Can File a Wrongful Death Lawsuit in Illinois?

Losing a loved one is always a painful experience, but it can be even more devastating when someone else's negligence or wrongdoing causes their death. In such cases, the surviving family members may be eligible to file a wrongful death lawsuit to seek compensation for their losses. However, not everyone can file a wrongful death claim, and there are specific rules and requirements that must be met. In this blog post, we'll discuss who can file a wrongful death lawsuit in Illinois and what you need to know before pursuing legal action.

Only certain family members or representatives of the deceased person's estate in Illinois can file a wrongful death lawsuit. These include:

1. Spouse or Children: If a spouse or children survived the deceased person, they have the first right to file a wrongful death claim.
2. Parents: If the deceased person was unmarried and had no children, their parents can file a wrongful death lawsuit.
3. Representative of the Estate: If the deceased person did not have any surviving spouse, children, or parents, the representative of their estate could file a wrongful death claim.

It's important to note that siblings, grandparents, and other relatives cannot file a wrongful death lawsuit in Illinois unless they are the representatives of the estate. Additionally, if the deceased person had a will, their designated executor or personal representative may be the one to file the claim.

Understanding Wrongful Death Claims for Surviving Family Members

What You Need to Know Before Filing a Wrongful Death Lawsuit

If you're considering filing a wrongful death lawsuit in Illinois, there are several things you should be aware of:

1. Statute of Limitations: In Illinois, you have two years from the date of the deceased person's death to file a wrongful death lawsuit. You may lose your right to seek compensation if you miss this deadline.
2. Damages: The damages you can recover in a wrongful death lawsuit may include medical expenses, funeral and burial costs, lost income and benefits, and loss of companionship and support.
3. Burden of Proof: To win a wrongful death lawsuit, you must prove that the defendant's negligence or intentional actions caused the deceased person's death. This can be a challenging task, and you'll need the help of an experienced wrongful death attorney.

Eligibility Requirements Under the Illinois Wrongful Death Statute

In Illinois, the right to file a wrongful death lawsuit is specifically granted to certain surviving family members and estate representatives. Immediate family members, including spouses and children, typically have the first right to pursue a claim for compensation following a loved one's death caused by negligence.

If no spouse or children exist, parents may file, and in their absence, the personal representative of the estate can initiate the legal action. Understanding these eligibility rules is crucial for families seeking justice and financial recovery through a wrongful death lawsuit. This structured approach ensures that those most affected by the loss are properly recognized under Illinois law.

How McNabola & Associates, LLC Can Help

If you're struggling to cope with the loss of a loved one and are considering a wrongful death lawsuit, McNabola & Associates, LLC can provide the legal guidance and support you need. Our experienced attorneys have helped many families in Chicago and throughout Illinois recover the compensation they deserve after a wrongful death.

Contact us today at (312) 888-8700 to schedule your free consultation and learn more about your legal options.