Losing a loved one can put a tremendous physical, emotional, and financial strain on you and your family, regardless of the circumstances involved. However, this burden can become even more significant when your loved one’s life is cut short because of someone’s gross or willful negligence.
When your loved one’s passing occurred under these circumstances, it is wise to speak with a compassionate personal injury attorney to discuss what legal recourse you may have. An experienced South Elgin wrongful death lawyer could dig deeper into the events behind your loved one’s death to assess whether you can pursue a compensation claim.
Among the many legal considerations underpinning a wrongful death lawsuit, it is crucial to understand what parties can bring these cases in court, as well as the timeline that the law affords for these matters. For example, in Illinois, the law requires that the decedent’s personal representative be the one who files any wrongful death claim.
Commonly, the decedent will have previously designated a personal representative to oversee their estate, such as a spouse or other close family member. In cases where a personal representative was not previously named, the court may designate an individual as such. Moreover, the law places strict time limitations on wrongful death claims. For instance, the applicable statute of limitations revolves around the underlying circumstances. Illinois’s standard statute of limitations for these cases is two years after the decedent’s passing.
However, there may be instances that serve as caveats to the standard two-year statute of limitations for wrongful death claims. For example, when the decedent passes away due to criminal violence, the personal representative may have up to five years from the decedent’s passing to initiate a wrongful death case. A determined South Elgin attorney could examine the details surrounding a negligent death claim to identify the applicable statute of limitations. It is best to consult with a legal representative about these matters, as missing the statute of limitations could result in the forfeiture of any recoverable compensation.
There are a variety of possible damages that a skilled South Elgin attorney could help a wrongful death victim’s family seek from the responsible party or parties. These forms of compensation could be fixed dollar losses attached to the decedent’s passing and payment for more abstract losses resulting from the death.
For example, wrongful death compensation could cover fixed costs like funeral expenses, burial costs, and hospital bills the decedent accumulated before death. Compensation may also be recoverable for financial losses incurred from lost wages the decedent would have earned if they survived. At the same time, wrongful death compensation may also cover losses such as emotional pain and distress.
No amount of money can bring your loved one back or compensate for the void that their passing has brought. However, if someone’s criminal behavior or negligent act was the catalyst behind their death, a South Elgin wrongful death lawyer could pursue fair compensation to hold that party responsible in civil court.
A legal team member could identify all possible legal options that may lie before you, review the entire body of evidence, speak with expert witnesses, and construct a strategy tailored to the nuances of your case. Call now to set up your confidential consultation.
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