Wrongful deaths lawsuits may arise from a any circumstance where the negligence of an individual or corporation causes or contributes to the death of a person. Though there are many situations that give rise to a wrongful death lawsuit, many wrongful death cases involve:
The Illinois legislature has adopted the Wrongful Death Act (codified at 740 ILCS 180), which sets forth the procedures for filing a wrongful death lawsuit and who is entitled to do so.
Damages available in wrongful death cases
In wrongful death cases, damages usually consist of medical bills, burial expenses, lost wages and pain and suffering experienced by the survivors. Expert testimony is typically required to substantiate damages in wrongful death cases.
Additional damages may also be available for the conscious pain and suffering the decedent experiences from the time of the accident up to their death under claim for survivorship.
How long do I have to bring my case?
A statute of limitations is the time allotted to bring a cause of action. Each state has different statutes of limitations for different causes of action. In Illinois, the individual generally has two years from the date of the incident to file a lawsuit. This statute applies to wrongful death cases. If you do not bring a lawsuit within the prescribed time requirements, you forgo your right to recover forever.
If you believe that you have a wrongful death lawsuit, feel free to contact Rosenfeld Injury Lawyers to discuss the matter. The consultation is free and is kept in strict confidence.