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Who Can File a Wrongful Death Lawsuit in Illinois?

Wrongful death form and stethoscope on a table.

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.

Who Can File a Wrongful Death Lawsuit in Illinois?

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 representative 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.

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.

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.