A wrongful death as defined by the Illinois Wrongful Death Act, is any death that is the result of the neglect, default or actions of another. The family of the victim of a wrongful death can seek legal compensation for the loss experienced because of the untimely passing of their loved one.
Have you lost a loved one through the actions of another? A Pekin wrongful death lawyer could discuss your legal rights and guide you through the process of seeking compensation for the tragic loss your family has suffered. Allow our trustworthy injury attorneys to guide you through this difficult process.
Who Can Bring a Wrongful Death Claim in Illinois?
Illinois allows a wrongful death claim to be made by anyone who is considered “next of kin.” This can include a parent, child, a spouse or siblings, depending on the circumstances. A compassionate Pekin injury attorney from the area who has experience with wrongful death claims could help you determine who can make a claim based on the circumstances of your case.
Do I Have to File a Lawsuit to Bring a Wrongful Death Claim?
In many situations a wrongful death case can be settled without going to court. However, due to the complexity of these cases and the high value associated with them, it is helpful to consult with an well-practiced wrongful death attorney to evaluate your case and attempt to negotiate a resolution on your behalf. Seasoned local lawyers who have handled wrongful death claims before will have the experience necessary to lead you through the process. If it is necessary to file a lawsuit to advance your case, a hardworking legal professional would be prepared to represent you.
Deadline to File a Wrongful Death Lawsuit in Pekin
Illinois law defines the statute of limitations for filing a wrongful death claim. Under 735 ILCS 5/13-209, you typically have one year from the date of the death, or within the statute of limitations for the underlying type of case, “which ever date is the later”. For example, if the cause of death was a car accident, which has a two-year statute of limitations in Illinois, a two-year statute of limitations would apply. Unfortunately, if you miss the deadline for filing your case could be dismissed before you ever see the inside of the courtroom, costing you your opportunity to be compensated for your losses. A Pekin wrongful death attorney understands the importance of these deadlines and could advise you regarding what deadline would apply to your case.
What Damages Can Be Recovered in a Pekin Wrongful Death Case?
There are three primary areas of compensation in a wrongful death suit: loss of financial support, loss of companionship, and grief and sorrow. Damages may also apply if there were additional injuries suffered by any of the surviving family members. The best way to determine what damages may be available to you is by contacting a Pekin wrongful death lawyer.
Contact our office today to schedule your free, confidential consultation. We look forward to speaking with you.