The death of a loved one is a devasting loss that can be felt by the whole family. This traumatic event may only be more challenging to accept if the death may have been caused by the careless, negligent, or reckless act of another.
While no amount of money can undo what has been done, you may be able to seek compensation for your loss. If you lost a loved one due to another person’s actions, you might benefit from speaking with a Normal wrongful death lawyer. With the help of a compassionate injury attorney, you could hold the at-fault party accountable.
Defining Wrongful Death
Under 740 Illinois Compiled Statutes §180, wrongful death occurs when an unlawful or negligent act causes the death of another individual. Establishing this causation is generally one of the critical components of a case. A Normal wrongful death attorney may be able to litigate this and other complex legal claims.
Who May File a Wrongful Death Claim?
Under Illinois law, a personal representative of the deceased individual’s estate must file a wrongful death claim. This personal representative can be the individual who was appointed in the deceased person’s estate or be a close family member such as:
- The spouse of the deceased
- The adult child of the deceased
- A parent of a minor child who is deceased
Often, a person may pass away without appointing a personal representative to their estate. In this case, the court may appoint a representative to serve the estate on behalf of the deceased.
When to File a Suit in Normal
The family of the deceased must file a civil claim before the legal deadline expires. Under 735 I.L.C.S. §5/13-209, a lawsuit must be submitted by a representative of the deceased within one year after death or before the expiration of the statute of limitations for the underlying claim, whichever is later.
For example, if the underlying claim were for a personal injury, the representative would have two years from the date of that injury to file a claim or, if later, one year from the death of the deceased. This statutory period can be confusing and have serious repercussions if missed. If a claim is brought after the statutory period expires, the suit will likely be dismissed by the court. A wrongful death lawyer from Normal could explain these statutory deadlines and better ensure they are not missed.
Consult with Normal Wrongful Death Attorney Today
Nothing is more traumatic than the loss of a loved one caused by a careless individual. While only time can heal the pain that follows the death of a family member, an experienced attorney may be able to help you recover monetary compensation.
A Normal wrongful death lawyer could help you hold the responsible party accountable for the loss of your loved one. After reviewing your case, a skilled legal ally could discuss your legal rights and potential avenues to pursue damages. Contact an attorney today to discuss your case.