When an accident causes the death of a loved one, a wrongful death lawsuit might be possible in order to recoup significant financial compensation for the surviving family members. The hardship that a sudden death imposes on a family not only includes the incredible grief caused by their passing, but also the financial strain that makes life harder. A skilled injury attorney could assist with a wrongful death lawsuit, which is specifically designed to help remedy these difficult situations and hold the responsible party to account for the loss. A Joliet wrongful death lawyer could represent your family’s interests and help you seek justice for the death of your loved one.
Common Wrongful Death Situations
Sadly, it is possible for a death to occur in almost any kind of accident, although there are several situations that see a higher number of fatalities. Understanding these situations can help a plaintiff recover financial compensation when appropriate. The most frequent instances of wrongful death include:
- Motor Vehicle Accidents: Car, commercial truck, or motorcycle accidents will have the potential for fatalities, especially on the highway or freeway. The high-speed impacts of these crashes results in a high frequency of fatal accidents
- Medical Malpractice: When a physician makes a mistake that results in the patient’s death, the family could file a wrongful death lawsuit, provided that the mistake was beyond what any reasonable caregiver would have done in that specific situation.
- Defective Products: A lawsuit could hold a product manufacturer or seller responsible if the design was flawed or if there were not proper warnings about the potential hazards involved with that product.
When a sudden and wrongful death occurs, that person’s family is likely going to be too overwhelmed to manage a legal battle on their own, but a lawyer in Joliet could help them put their lives back on track.
Wrongful Death Law in Illinois
Wrongful death actions are permitted under state law when a decedent would have had the right to file a lawsuit for money damages, if they had survived. When this is the case, certain individuals are permitted to file a wrongful death lawsuit for damages. Illinois law states that the decedent’s personal representative for the estate is the only person who may file a wrongful death lawsuit, if one is named. The decedent’s will or estate plan usually states who the personal representative is.
If no representative is named, the court can appoint either a spouse, an adult child, or the parent of a deceased minor as the representative. Either the representative or one of the family members will be the plaintiff in the wrongful death action.
Deadline to File
After a family member passes away, there is a limited amount of time in which to file a wrongful death action. This deadline is called a statute of limitations and two possible deadlines are imposed under state law.
General wrongful death actions must be filed within one year of the decedent’s death. If the cause of death would also been a personal injury lawsuit had the decedent survived, the statute of limitations is two years. Determining the statute of limitations for wrongful death cases is an analysis that an attorney in Joliet could make. They will know the details that might affect how a case is viewed by a court.
Consult a Joliet Wrongful Death Attorney Today
Losing a loved one is never easy, no matter the circumstances. The grief you and your family feel should not also come with the financial stress of paying for medical treatment, funeral expenses, and accommodating for the loss of income. The negligent party should be responsible for these high costs. With the help of a Joliet wrongful death lawyer, your family could secure the relief that you deserve. Contact one today for a free consultation.