Michael J. Lucas & Associates, LLC approaches these matters with care, recognizing that the legal process should not add unnecessary confusion to an already difficult time.
Who Brings a Wrongful Death Claim in Illinois?
Illinois wrongful death actions are brought by the personal representative of the deceased person's estate for the benefit of the surviving spouse and next of kin. The proper estate representative and probate status should therefore be considered early.
The beneficiaries and distribution of any recovery can depend on the family structure and Illinois law.
Wrongful Death and Survival Claims Are Different
A wrongful death claim focuses on losses suffered by the surviving spouse and next of kin because of the death. Illinois law permits consideration of pecuniary injuries and also expressly recognizes grief, sorrow, and mental suffering.
A survival claim is different. It preserves certain claims the deceased person could have pursued had they survived, which may include damages connected to the injury before death.
The two claims can arise from the same event but address different losses.
What Events Can Give Rise to a Wrongful Death Claim?
Claims may arise from car and truck collisions, medical malpractice, dangerous property conditions, construction incidents, negligent supervision, boating accidents, defective products, and other wrongful conduct.
The underlying liability theory still must be established. A tragic outcome by itself does not prove negligence.
Evidence and Damages
The investigation may involve accident evidence, medical records, employment and income information, family relationships, funeral expenses, estate records, and evidence concerning the deceased person's life and contributions.
Depending on the circumstances, recoverable damages may include financial losses to the next of kin, grief, sorrow, mental suffering, and other damages authorized by Illinois law. A survival action may involve separate categories.
Deadlines Require Particular Care
Wrongful death claims have statutory deadlines, and different periods may apply depending on the underlying cause of action and defendant. Medical malpractice, governmental entities, and other specialized claims can involve their own timing rules.
Families should not rely on a general limitations period without identifying the precise claim.
If your family has lost someone because of another person's conduct, Michael and his team can explain the roles of the estate and beneficiaries, investigate the underlying liability, and help you understand the legal options with the care the circumstances deserve.
Areas We Serve
Michael J. Lucas & Associates, LLC assists clients throughout Boone County, Cook County, DuPage County, Kane County, Lake County, McHenry County, and Will County.
Our office serves clients throughout Northern Illinois, including Addison, Algonquin, Antioch, Arlington Heights, Aurora, Barrington, Bartlett, Batavia, Belvidere, Bloomingdale, Bolingbrook, Buffalo Grove, Carpentersville, Cary, Chicago, Crystal Lake, Deerfield, Des Plaines, Downers Grove, Elgin, Elk Grove Village, Elmhurst, Evanston, Fox Lake, Fox River Grove, Frankfort, Geneva, Glen Ellyn, Glenview, Grayslake, Gurnee, Hanover Park, Hampshire, Harvard, Highland Park, Hoffman Estates, Huntley, Joliet, Lake Barrington, Lake Forest, Lake in the Hills, Lake Zurich, Libertyville, Lincolnshire, Lisle, Lockport, Lombard, Marengo, McHenry, Mokena, Mount Prospect, Mundelein, Naperville, New Lenox, Northbrook, Palatine, Park Ridge, Plainfield, Poplar Grove, Prospect Heights, Rolling Meadows, Romeoville, Roselle, Schaumburg, Shorewood, South Elgin, St. Charles, Streamwood, Sugar Grove, Vernon Hills, Waukegan, West Chicago, Wheaton, Wheeling, Wilmette, Winfield, Wood Dale, Woodridge, and Woodstock.