Unexpectedly losing a loved one can have a devastating impact on your entire family. When someone causes a fatal injury due to their negligent or intentional actions, your family has the right to seek financial damages against them in civil court with the help of a skilled personal injury attorney.
A wrongful death action can lessen the financial burden caused by your loved one’s death and allow you to hold the responsible person or organization accountable for their misconduct. Call a Melrose Park wrongful death lawyer to schedule a consultation and begin filing your claim.
Wrongful Death Accidents and Actions
When a person or business’s negligent or wrongful action causes someone to sustain fatal injuries, the family can fight to obtain compensation from the liable parties. Some incidents that fall under the wrongful death statute include the following:
- Car, bus, truck, or motorcycle crashes
- Pedestrian and bicycle collisions
- Premises liability cases
- Defective products
- Medical malpractice
- Workplace accidents
- Criminal acts, such as manslaughter or intentional homicide
Under the Wrongful Death Act, when there is evidence of carelessness leading to someone’s death, civil action can be pursued. A dedicated attorney in Melrose Park could investigate the cause of the fatal accident and determine if the surviving family members have enough evidence to file a civil action.
The Illinois Wrongful Death Act
The Illinois Wrongful Death Act allows surviving family members to collect compensation from the negligent party for the loss of their loved one. According to the Illinois Compiled Statutes 740 § 180, the family can seek damages for reasonable funeral costs and burial expenses, loss of financial support and companionship, and emotional pain and suffering.
The jury will consider all aspects of the case before determining the total award amount. The next of kin can pursue legal action, but the estate’s representative or executor must file the lawsuit. When the decedent does not name a personal representative in their estate plan or will, the court will appoint one on the family’s behalf.
Time Limit for Filing a Wrongful Death Lawsuit
The statute of limitations for filing a wrongful death lawsuit in Illinois is two years, except for cases involving intentional violence, which have a five-year limit.
The clock starts ticking on the day of the accident leading to fatal injuries. Missing the court-enforced deadline may result in losing eligibility to collect damages. Hiring a knowledgeable Melrose Park lawyer could ensure compliance with the statute of limitations and handle the legal work on the family’s behalf.
Call a Knowledgeable Wrongful Death Attorney in Melrose Park
When your family suffers the sudden loss of a loved one because of negligent or wrongful actions, you might have the right to seek damages from the at-fault party. An award for damages could allow you and your family to cover funeral costs, pay off debt and get back on your feet while holding the negligent party accountable for their wrongful actions.
The thought of legal work and court filings is likely the last thing on your mind. A Melrose Park wrongful death lawyer could handle the work while you spend time with your family, healing and recovering from the trauma of the sudden loss. Call today to schedule a consultation.