Who Can File a Wrongful Death Lawsuit in Illinois?
Who Can File a Wrongful Death Lawsuit in Illinois?
Losing a loved one due to another person’s negligence or misconduct is devastating. While no amount of compensation can replace the loss, Illinois law provides a way for families to seek justice and financial relief through a wrongful death lawsuit. Understanding who can file such a lawsuit is the first step in protecting your family’s rights.
ļ»æThe Illinois Wrongful Death Act
In Illinois, wrongful death lawsuits are governed by the Illinois Wrongful Death Act. The law allows for a claim to be filed when someone’s death is caused by the wrongful act, neglect, or default of another party. These cases aim to provide compensation for surviving family members who suffer both emotionally and financially from the loss.
Who Can File
Unlike some states where family members may file directly, Illinois law requires that the lawsuit be filed by the personal representative of the deceased’s estate. This person is often named in the deceased’s will. If no personal representative is designated, the court can appoint one—commonly a surviving spouse, adult child, or parent.
Who Benefits from the Lawsuit
Although the personal representative files the case, the damages recovered are distributed to the deceased’s surviving spouse and next of kin. Courts consider the financial dependency of each family member when deciding how damages are divided.
Types of Damages
A wrongful death lawsuit in Illinois can provide compensation for:
- Loss of financial support
- Loss of companionship and guidance
- Grief, sorrow, and mental suffering of surviving family members
- Funeral and burial expenses
Taking Legal Action
Wrongful death lawsuits in Illinois must typically be filed within two years of the person’s death. Prompt action ensures that evidence is preserved and your family’s right to compensation is protected.
At Halliday McCall, we help families in Peoria understand their rights under the Illinois Wrongful Death Act and guide them through the legal process with care and diligence.
