Losing a loved one to an accidental death can cause a family emotional pain and suffering, as well as extreme financial hardship. The emotional burden of the loss can make it very difficult to move forward and deal with the aftermath. You need trusted legal guidance from a knowledgeable Rockford attorney who understands the ordeal that you and your family are experiencing. Attorney Paul Marriett lost a family member to an auto-related accident that caused a fatality on an interstate highway when a vehicle became disabled and sent a heavy piece of semi-trailer equipment back into traffic, ultimately striking the driver of a passenger vehicle and causing an unexpected accident and fatality.
Who May Bring Suit?
Illinois law specifies who can file a wrongful death lawsuit and when they are able to do so. The Illinois Wrongful Death Act (740 ILCS 180/1) states that living spouses and next of kin may recover compensation for the wrongful death of their loved one.
What Compensation Am I Entitled To?
The Illinois Wrongful Death Act provides that jurors “may give such damages as they shall deem fair and just compensation with reference to the pecuniary injuries resulting from such a death, including damages for grief, sorrow, and mental suffering, to the spouse and next of kin of such deceased person” (740 ILCS 180/2). If proceeds are to be divided amongst multiple family members, the court will conduct a hearing to discover the degree to which each family member was dependent on the decedent.
Illinois Time Limits on Filing Suit
Illinois sets a time limit of two years to file a personal injury lawsuit in the state’s civil court system. In most cases, this two-year time limit, known as a “statute of limitations,” begins to run on the date of the accident. Sometimes, however, a statute of limitations might run from the date that you discovered you were injured, rather than the date of the event that injured you. This later date is known as a “discovery date.”
For injury claims against a city or county, you have one year to file a lawsuit. The time limit to sue the state is generally two years, but you must file a formal claim within one year in order to sue.
A qualified personal injury attorney can help guide you through this difficult time and alleviate some of the stress.
Contact a Lawyer You Can Trust
For a confidential, compassionate, in-depth, free, and, most importantly, thorough consultation with a Rockford Personal Injury Lawyer about a wrongful death-related accident case in Rockford, Belvidere, Freeport, Rochelle, Oregon, Loves Park, Byron, Machesney Park, Roscoe, Rockton, or elsewhere in the State of Illinois, call or text message us at (815) 391-0089, or e-mail us 24/7/365. We offer in-office consultations, and routinely make visits to clients’ homes, hospital rooms, nursing homes, and other off-site locations to make retaining our services as easy as possible.