A wrongful death lawsuit is designed to compensate you and your family members after losing a loved one due to another person’s negligence. The grief and sadness your family is feeling is likely compounded by the loss of the decedent’s income, companionship, and much more. After the death of a loved one, your financial situation might be on shaky ground. With the help of an Elgin wrongful death lawyer, your family could recover the financial compensation you need to support yourselves. A skilled injury attorney could provide legal guidance and emotional support during this difficult time.
Wrongful death occurs when a person loses their life due to neglectful or careless action from another individual. If the decedent had survived and been entitled to take legal action to recover for damages, then certain family members can also do so in a wrongful death action. These lawsuits are designed to help the family members who were left behind following an accidental death. It can address financial hardship due to the loss but it can also compensate for the emotional or psychological effects.
Almost any type of accident holds the possibility of a wrongful death. Some of the most common examples include:
If any of these scenarios was responsible for the accidental death of a loved one, their surviving family should call a lawyer in Elgin to discuss their next steps.
Under state law, only the decedent’s personal representative for their estate is permitted to file a wrongful death lawsuit. This person is usually listed in the decedent’s will or estate plan. If a representative is not named, a court can appoint one. This person may be:
This representative is the named plaintiff in the case and is permitted to hire a local attorney to represent them. It is highly suggested that this representative works with an experienced attorney in Elgin because wrongful death actions can be complicated to prove without skilled legal help.
Under state law, a wrongful death action must be filed within one year from the date of death, or within the statute of limitations for the underlying cause of death. When the cause of death would have qualified as an injury lawsuit had death not occurred, the statute of limitations may be two years. In every case, a plaintiff should seek the help of an attorney in the area right away. If the statute of limitations passes, the court will likely throw out the case, barring the family from recovering any compensation.
If you lost a loved one as a result of another person’s negligence, a wrongful death action could result in significant financial compensation. To do this, you need quality legal representation to guide you along the way. Place a call to an Elgin wrongful death lawyer for help with your case.