When a loved one dies in an accident it can throw everything into chaos. You feel deep emotional pain that feels like it will never get better. You may also have to deal with a host of unexpected costs that you are unprepared to pay for. When a loved one dies too soon, the emotional and financial effects can last for the rest of your life. In Illinois wrongful death suits, the victim’s surviving family members may have the opportunity to collect compensation for the loss of their loved one.

What You Can Recover

 While money will never bring back or replace your loved one, it can help ease your financial burden and it is the only way the law has of trying in some way to right the wrong that was done to you and your family.

Wrongful death suits allow certain surviving family members to collect damages for: 

The sudden passing of a loved one leaves those left behind grieving and searching for answers. If the intentional or negligent behavior of another individual caused death, it is only right that the at-fault party is held accountable. The unexpected medical, funeral, and other associated costs can take a financial toll on even the most economically stable families. One possible option is to file a wrongful death claim against the person or persons responsible for the death. It is imperative to take action as soon as possible to better the chances of a strong case.

Statute of Limitations

Personal injury claims, including wrongful death suits, have a set limit within the state of Illinois during which you can file against a defendant. After the allotted time passes without a claim, no new litigation is applicable. Each state determines its statutes, and in Illinois, the statute of limitation for most wrongful death actions is two years from the date of the person’s death. If the death was caused by “violent intentional conduct,” the statute of limitations is five years from the date of the death. If the legal process begins before the limit passes, the suit may continue.

Integrity of Evidence

It is no secret that time changes everything. Waiting for two years until the end of the statute of limitations is ill-advised if it is preventable as a broken railing is replaceable, or a cell phone exchanged for a newer model. Many of the important factors necessary to win such a case become increasingly difficult to secure with each passing day. Unlike a homicide case, a wrongful death claim is not thoroughly investigated by local law enforcement, as it is not a criminal issue but a civil matter.

The death of a family member is always a sad event. However, there is a difference between situations where a person passes away due to natural causes after a long life and cases where a person’s life ended abruptly and unexpectedly. When someone dies because of someone else’s actions or negligence, their family members will often be left without closure, and they may struggle both emotionally and financially as they deal with the loss of their loved one. In these cases, families may be able to pursue compensation from those who were responsible for their loved one’s death by filing a wrongful death lawsuit.

Damages in Wrongful Death Cases

A wrongful death claim may be appropriate in any situation where a person or company caused a person’s death, either intentionally or through negligence or inaction. For example, a drunk driver may be liable for the wrongful death of a person who died in a car accident, or a pharmaceutical company may be responsible for a death that occurred because of the harmful side effects of a dangerous drug.

The personal representative of a deceased person can pursue a wrongful death claim which can seek damages that will be paid to the person’s spouse or other dependents. These damages may include:

The death of a spouse is one of the most heartbreaking experiences a person could ever go through. The loss of a husband or wife due to old age or an unavoidable illness is tragic but losing your spouse to the irresponsible actions of another person is especially devastating. If your spouse has passed away from injuries sustained in a fatal drunk driving accident, you have the option of bringing a civil action against the drunk driver.

Illinois Wrongful Death Claims for Fatal Car Accidents

If a driver under the influence of alcohol or drugs causes a fatal car accident, the driver will likely face significant criminal penalties. DUI resulting in great bodily harm or death is a felony offense in Illinois. The person who caused the fatal accident may be imprisoned for up to 14 years as a result of his or her recklessness. Although criminal charges against the person who caused your loved one’s accident may provide a sense of justice, criminal charges do not help alleviate the financial burden created by your spouse’s death.

A wrongful death claim is a civil claim that may be used to recover financial compensation after the loss of a loved one. In Illinois, a wrongful death is one that is caused by the careless, reckless, negligent, or intentionally malicious actions of another party. If your loved one’s death was caused by a drunk driver, you will most likely not be required to prove that the driver acted negligently to receive compensation. He or she may be considered “negligent per se” or automatically at fault for the accident.

There is no pain that can compare with losing a loved one forever. The death of a family member can leave some people uncertain of how to move forward. For those who lost loved ones to old age or a chronic illness, the pain is deep, but the underlying idea that this is part of the circle of life can act as a form of comfort to those who feel left behind. The loss of a family member or friend because of another person’s negligence can be nearly impossible to bear. You are likely wracked with anger and frustration, none of which can dull the immeasurable pain. In order to address such situations and hold people or companies accountable for their actions, Illinois law has recognized these tragedies and instilled legal consequences for those found guilty of wrongful death charges.

Holding Negligent Parties Responsible

If you have recently lost a loved one and you think someone may be to blame, you are likely wondering how you can hold that party accountable. The state of Illinois has named such tragedies “wrongful death.” If anyone loses their life as a result of another person’s wrongful act, neglect, or default, their death falls under this legal category. The person or company responsible for the death will be held liable through the payment of damages to the affected party. While financial compensation can never make up for the loss of a loved one, it is a way to hold the guilty party legally responsible. The negligent party will also have a felony charge added to his or her criminal record. Wrongful death can occur in a number of situations, with the most common being car accidents, medical malpractice, and unsafe workplaces.