Under the Illinois Wrongful Death Act, any death caused by neglect, default, or the wrongful act of a third party is considered a “wrongful death”. The family and loved ones of a person who is the victim of a wrongful death are legally able to seek compensation for the losses they have suffered as a result of the untimely passing of their loved one.
If you have tragically lost a loved one as a result of someone else’s negligence, consider contacting a Pontiac wrongful death attorney to discuss pursuing compensation for the losses you have suffered. A compassionate injury attorney could help you hold the negligent party responsible for their actions.
Who Can Bring a Wrongful Death Claim in Illinois?
In Illinois, the “next of kin” – which can include a spouse, children, parents, or siblings – are entitled to bring a wrongful death claim. A skilled local attorney who is familiar with wrongful death claims in Pontiac could hear the details of your loss and determine who is eligible to make a claim depending on your circumstances.
Do I Have to File a Lawsuit to Bring a Wrongful Death Claim?
It is possible that your case could be settled without a lawsuit ever being filed. However, this is not always feasible because wrongful death cases often involve high damages and the challenge of proving fault can be more difficult. A Pontiac lawyer could guide you and your family through this challenging and stressful process after the untimely passing of your loved one. If it is necessary to file a claim in court, an experienced attorney could represent you in court.
Deadline to File a Wrongful Death Lawsuit in Pontiac
There are statutes of limitation on filing a wrongful death lawsuit. Typically under 735 ILCS 5/13-209, a wrongful death claim must be filed with the courts within one year of the date of death, or by the statutory deadline for the underlying case, whichever date is later. Generally speaking, most personal injury lawsuits need to be filed in the court within two years of the date of the accident. If you miss the deadline for filing, the case could be dismissed before it ever gets to court. An experienced wrongful death attorney who understands the statutes of limitation could make sure your case meets the state’s filing deadlines.
What Damages Can Be Recovered in an Unexpected Death Case?
Damages in a wrongful death case are considered to fall into one of three categories: loss of financial support, loss of companionship, and grief. There may also be damages available for personal injuries to any survivors. There are no punitive damages available in Illinois in a wrongful death lawsuit. Contact a lawyer who is familiar with wrongful death cases in Pontiac to understand what damages you may be able to recover in your unique case.
Speak with a Pontiac Wrongful Death Attorney Today
While there is no dollar value that you can place on the life of a family member or loved one lost due to another’s careless actions, a highly qualified Pontiac wrongful death lawyer could help you as you navigate the legal system and see to it that those who are responsible for your loss are held accountable for their actions. Contact our office today to schedule your free, confidential consultation with a dedicated attorney.