Dealing with the loss of a loved one due to someone else’s negligence is incredibly difficult. In Illinois, there are specific laws that govern wrongful death claims, including strict deadlines for filing your case. This timeframe is known as the statute of limitations.
Rosenfeld Injury Lawyers is here to help you navigate this situation and file a claim within the Illinois wrongful death statute of limitations so you can focus on healing while we handle the legal complexities.
What Is a Wrongful Death Lawsuit?
A wrongful death claim is a legal action brought by the surviving family members of an individual whose death was caused by the negligent or intentional actions of another party.
The primary purpose of these claims is to seek compensation for the losses incurred due to a loved one’s death, which often includes medical expenses, funeral and burial expenses, lost income, and emotional and mental suffering.
In Illinois, wrongful death claims are governed by the Illinois Wrongful Death Act. This statute provides the framework for pursuing a wrongful death lawsuit within the state, outlining who can file a wrongful death case and the types of damages that may be recovered.
Circumstances Leading to Wrongful Death Claims
A loved one’s death leading to a wrongful death action in a variety of circumstances, including but not limited to:
- Medical malpractice
- Car accidents
- Product liability
- Intentional misconduct
- Workplace accidents
Distinction Between Wrongful Death Claims and Personal Injury Claims
Understanding the key differences between wrongful death claims and personal injury claims is essential, as both address the consequences of negligence or intentional wrongdoing but do so in different contexts.
Wrongful Death Claim
These claims are filed by surviving family members or beneficiaries on behalf of a deceased individual. The claim seeks compensation for the losses endured due to the death, including economic and non-economic damages. Compensation is awarded to the estate of the deceased or their surviving family members, such as a surviving spouse and children.
Personal Injury Claim
These involve individuals who have suffered injuries due to the negligence or wrongful acts of another party. The injured party seeks compensation for their losses, including medical expenses, lost wages, and pain and suffering. The injured party themselves receive the compensation directly.
Illinois Wrongful Death Act vs. Illinois Survival Act
The Illinois Wrongful Death Act and the Illinois Survival Act serve distinct legal purposes and address different aspects of claims arising from the death of an individual due to wrongful actions or negligence.
The Illinois Wrongful Death Act allows surviving family members—such as spouses, children, and parents—to file a wrongful death lawsuit for losses suffered as a result of a loved one’s death.
The focus of this act is on the damages incurred by the deceased’s loved ones, including loss of companionship, emotional distress, and financial support that would have been received had the deceased lived.
The Illinois Survival Act enables the estate of the deceased to pursue claims that the individual could have filed had they survived the incident. This includes claims for personal injuries sustained prior to death, covering losses such as medical expenses, lost wages, and pain and suffering of the deceased.
Understanding these differences is crucial for families navigating the loss of a loved one.
The Illinois Wrongful Death Statute of Limitations
The Illinois statute of limitations for wrongful death cases is set at two years from the date of the deceased person’s death.
It is imperative for surviving family members to file a lawsuit within this timeframe to ensure their eligibility for compensation. Filing a claim against the liable party after the Illinois wrongful death statute of limitations has expired typically results in the dismissal of the case, eliminating the opportunity for recovery.
However, there are specific circumstances under which this time limit may be extended. These exceptions are essential to consider, as they can significantly impact the ability to seek justice and compensation.
Exceptions to the Illinois Wrongful Death Statute of Limitations
In Illinois, understanding the exceptions to the wrongful death statute of limitations is essential for families seeking legal recourse. Below are some of the most common exceptions to this deadline.
Cases Involving Minors
In Illinois, the statute of limitations for wrongful death claims is extended in situations involving minors.
Specifically, if the deceased individual’s next of kin was a minor at the time of death, the two-year limitation period begins on the minor’s 18th birthday. This extension ensures that young victims receive the opportunity for justice and compensation when they are legally able to file a lawsuit.
Criminal Victims’ Escrow Accounts
When a defendant is convicted of a crime that resulted in the victim’s death and is mandated to pay into an escrow account under the Criminal Victims’ Escrow Account Act, the two-year statute of limitations for wrongful death cases is adjusted.
In this scenario, the limitations period is extended to two years following the establishment of the escrow account.
Violent Crimes
For cases stemming from “violent intentional conduct,” the statute of limitations extends to five years from the date of death. This extended period acknowledges the complexities often involved in proving wrongful death claims related to a violent wrongful act and provides families a longer window to seek justice.
Final Disposition of Homicide Cases
In instances where the crime committed was a specific homicide offense, the statute of limitations extends to one year following the final disposition of the criminal case against the defendant.
Examples include first-degree murder, reckless homicide, drug-induced homicide, second-degree murder (often referred to as voluntary manslaughter), and homicide or manslaughter of an unborn child.
Navigating these exceptions is essential for survivors seeking to pursue justice against the responsible party, and it is advisable to consult with an experienced lawyer to ensure compliance with these regulations.
Filing a Wrongful Death Claim
Filing a wrongful death claim is a crucial step for eligible parties seeking justice and financial compensation following the untimely death of a loved one. It entails navigating complex legal rules, including adhering to the relevant statutes of limitations, which can vary significantly by state.
Eligible Parties
Under Illinois law, only personal representatives of the deceased person’s estate are permitted to file a wrongful death lawsuit. This individual is tasked with gathering evidence, managing the estate’s affairs, and ensuring that all claims are pursued effectively.
Close family members such as a surviving spouse, children, or parents will be the recipients of the compensation.
Eligibility may differ in other states, where parties other than the personal representative can file wrongful death lawsuits.
Proving Cause and Liability
In a wrongful death lawsuit, establishing both cause and liability is essential to securing a successful outcome. Simply stating that a party is responsible for the death is not enough; plaintiffs must provide actual evidence to substantiate their claims.
This involves demonstrating that the defendant’s actions or negligence directly caused the death of the deceased, which can be challenging.
The Importance of Solid Evidence
To effectively prove causation, it is essential to present solid and credible evidence. This may include medical records, witness testimony, accident reports, and expert opinions that collectively illustrate a clear causal link between the defendant’s conduct and the death.
Challenges in Establishing Causation and Damages
Establishing causation is typically not straightforward. Defendants may argue alternative causes for the death or seek to mitigate their liability by attributing fault to other parties. Additionally, proving damages adds another layer of complexity. Accurately calculating these damages requires careful consideration and often the input of economic experts.
Given the complexities involved in wrongful death lawsuits, including the challenges of proving the defendant’s liablity, it is crucial to work with a knowledgeable wrongful death lawyer familiar with these types of cases.
Potential Compensation
In wrongful death claims, compensatory damages are awarded to alleviate the financial and emotional burdens faced by the surviving family members. These damages can be categorized into two main types: economic and non-economic losses.
Economic Damages
Economic damages are quantifiable and typically include:
- Loss of Income and financial support
- Funeral expenses
- Burial expenses
- Loss of financial support
- Loss of inheritance
- Loss of services provided by the deceased person
These economic damages are generally easier to calculate and substantiate due to their reliance on documented financial records and economic data.
Non-Economic Damages
In contrast, non-economic damages are more subjective and can encompass:
- Loss of consortium
- Loss of society
- Loss of instruction, moral training, and superintendence of education
The court award for both economic and non-economic categories greatly depends on various factors, including the impact on the survivors’ lives, the conduct that caused the death, and specific state laws.
Hiring a Wrongful Death Lawyer
The Illinois wrongful death statute of limitations imposes a strict timeline within which you must act. Failing to file a wrongful death case within this period could result in losing the right to seek compensation altogether.
Working with an experienced wrongful death attorney can be invaluable. We can gather evidence and establish the defendant’s liability. Our law firm is equipped with skilled lawyers who understand the nuances of these cases, ensuring that your rights are protected.
Your Next Steps
Taking the next steps after losing a loved one is never easy, but it’s crucial to act promptly. Consulting with a qualified attorney from Rosenfeld Injury Lawyers as soon as possible ensures your wrongful death claim is filed within the required timeframe under Illinois law. This quick action maximizes your chances for a successful outcome.
Reach out today to schedule a free consultation and discuss your wrongful death case and the Illinois wrongful death statute of limitations. Call us at (888) 424-5757 or complete our online contact form.
