Nothing is as shattering as the sudden and tragic loss of someone you love. When a beloved family member is killed because of someone else’s negligence, consider contacting a Bloomington wrongful death lawyer. A dedicated personal injury attorney can work to hold those who are responsible for your loved one’s death liable for their actions and pursue just compensation for the losses you have suffered.
Wrongful Death in Bloomington
Under the Illinois Wrongful Death Act, a wrongful death is one caused by the neglect, default, or wrongful act of a party. When a loved one loses their life, the family members of the decedent may file a lawsuit to recover financial damages for their own losses.
Who Can Bring a Wrongful Death Claim in Illinois?
In the State of Illinois, the next of kin of a deceased person are entitled to bring a claim against a negligent party. “Next of kin” depends on the circumstances, but can include a spouse, children, parents, or siblings. In a free consultation, an experienced personal injury attorney can provide guidance as to who can bring a claim based on the particular circumstances that apply to your case.
Do I Have to File a Lawsuit to Bring a Wrongful Death Claim?
Some cases can be settled out-of-court without filing a lawsuit. However, that is not always possible. This often is the case in wrongful death cases where the amount of damages can be very high and where there may be disputes as to who is at fault. Experienced personal injury lawyers can help family members navigate this process and will be prepared to pursue a lawsuit if the case cannot be settled.
Deadline to File a Wrongful Death Lawsuit in Bloomington
In the state of Illinois, the law requires that a wrongful death lawsuit be filed by a set statutory deadline. Under 735 ILCS 5/13-209, a wrongful death claim must be filed with the courts within one year of the decedent’s death, or by the statutory deadline for the underlying case, whichever date is later.
Generally, personal injury lawsuits must be filed within two years of the date of the accident, which means that personal representatives usually have at least one year and up to two years to file an initial lawsuit in the Illinois court system. However, if the lawsuit is not filed by the applicable deadline, the court may refuse to hear it and dismiss the case altogether. A wrongful death attorney in Bloomington can explain in detail how the state’s filing deadlines apply to a specific case.
What Damages Can Be Recovered in a Wrongful Death Case?
The next of kin can recover damages in a wrongful death case in three general areas: loss of financial support, loss of companionship, and grief and sorrow. Additional damages may be available if there also is a claim for personal injuries pursuant to the Illinois Survival Act. A plaintiff cannot recover punitive damages in a wrongful death lawsuit in the State of Illinois. Contact an experienced wrongful death attorney to determine what damages might apply for your case.
Speak with a Bloomington Wrongful Death Attorney Today
If you lost your loved one in an accident, do not hesitate to reach out to a qualified Bloomington wrongful death lawyer today. While no amount of compensation could ever fully make up for losing a family member, an attorney could help you hold those at fault accountable for their negligent actions.
Contact the office today to schedule your confidential consultation with a wrongful death attorney.