What is a Wrongful Death?
A “wrongful death” is any death which is caused by a third party as a result of neglect, default, or wrongful act. Some examples of wrongful death include: car or other vehicular accident, boating accident, pedestrian or bicycle accident, or medical malpractice. When a wrongful death occurs, the family of the victim can sue for financial compensation for losses caused by the death of their loved one.
If you believe your tragic loss of a loved one falls under the definition of a wrongful death, you should reach out to a compassionate local attorney. A Clinton wrongful death lawyer could discuss your case with you and help you understand what rights to compensation you may have for the loss you have suffered.
Who Can File a Wrongful Death Claim in Clinton?
A wrongful death claim can be filed by anyone who is considered next of kin to the deceased. This may be a spouse, child, parent or sibling, depending on the circumstances. An experienced Clinton attorney could help you understand if your circumstances make you eligible to file a wrongful death claim.
Is a Lawsuit Required to File a Wrongful Death Claim?
Some wrongful death cases can be and are settled out of court. However, these are often cases that are more complex, and can involve high dollar damages so they do frequently end up in court. A local lawyer who has experience with wrongful death claims could walk you through the process of filing a claim and, if it becomes necessary to file suit and take your case to court, could represent you there as well.
What is the Deadline to File a Wrongful Passing Lawsuit in Illinois?
Illinois law requires that a wrongful death lawsuit be filed within a deadline set by statute – or before the statute of limitations runs. Under 735 ILCS 5/13-209, a wrongful death claim must be filed with the courts within one year of the decedent’s death, or by the statutory deadline for the underlying case, whichever date is later. Generally, personal injury lawsuits must be filed within two years of the date of the accident, which means that personal representatives usually have at least one year and up to two years to file an initial lawsuit in the Illinois court system. The best way to determine what deadline would apply to your specific case is to consult with a Clinton untimely death lawyer about the facts and circumstances of your case.
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What Damages Can I Recover in a Clinton Wrongful Death Case?
There are typically three areas for damage recovery in a wrongful death case: financial support, companionship, and grief. If any of the survivors suffered injuries, they may be eligible for additional damages for their personal injuries. Punitive damages do not apply in wrongful death cases in Illinois.
Contact an attorney who has experience with wrongful death cases in Clinton to understand your rights to recovery for the damages you have suffered and the losses you have experienced.
Call a Clinton Wrongful Death Attorney Today
Money will not bring your loved one back nor can you place a dollar value on the loss of life, but a considerate attorney could assist you as you seek compensation for your loss so that those who are responsible will be held accountable for their neglect or wrongful act.
Contact our office today to schedule your free, confidential consultation with a Clinton wrongful death lawyer.