While death is inevitable, it is not an easy thing to witness. If the death of a loved one could have been prevented, and it was not, the families left behind are filled with heartache and more questions than answers. While they cannot bring back the deceased, they can get closure and compensation for their loss by filing a wrongful death lawsuit against the guilty party.
How To File A Wrongful Death Lawsuit In Illinois
According to Illinois law, a wrongful death is when an individual dies because of another’s negligence or due to a malicious act. This includes medical malpractice, car accidents, boating accidents, property liabilities etc. Before filing a wrongful death lawsuit, you need to determine whether your claim fits this definition. If it does, you have to collect evidence that proves your claim. You must prove:
- The death resulted from negligence or after an act of malice.
- A human death occurred.
- The deceased has surviving family members who were financially dependent on him/her.
- The deceased has a representative.
According to the statute of limitations, you have two (2) years from the death of the deceased to file a wrongful death claim. There are some exceptions for criminal acts and minors but delaying the process will not be in your best interest. You should start legal proceedings as soon as possible to ensure you don’t miss critical deadlines.
These limitations act as gatekeepers. If you fail to file your claim within two (2) years or within the required deadline, the court will not allow you to continue to trial. Therefore, it is crucial you speak to an attorney soon after the preventable death of a loved one and file your lawsuit.
That way, you can determine whether you have a case or not and if you do, when you should file it to ensure you don’t miss the deadline. Experienced attorneys will be able to provide answers you are looking for and will also give you a timeline to complete crucial tasks for a successful trial.
The Law Firm of Robert T. Edens has been fighting for the rights of families that have lost ones to neglect and malicious acts for close to 20 years. Please do not hesitate to act and get in touch with us for a consultation today. We will assign a team of legal professionals who can protect your family’s rights and ensure you receive the compensation you deserve.