The Centers for Disease Control and Prevention estimates that over 135,000 people die every year as a result of preventable fatal accidents. These accidents are often the result of car accidents, nursing home abuse and neglect, medical malpractice, and because of dangerous and defective products.
If you lost a loved one due to another person’s careless, reckless, or negligent actions, contact a dedicated and experienced Oak Lawn wrongful death lawyer today. A compassionate personal injury attorney may be able to you provide you and your family with some peace of mind by aggressively pursuing damages and compensation on your loved one’s behalf.
Who Can Bring a Wrongful Death Action?
Under the Illinois Wrongful Death Act, if a person is killed in an accident attributed to another’s “wrongful act, neglect, or default,” their surviving family members can file a lawsuit in their place. However, while many people may mourn someone’s passing, this does not necessarily entitle them to file a wrongful death action.
According to the Wrongful Death Act in Oak Lawn, a surviving spouse or the decedent’s next of kin are generally the only ones who are entitled to file a wrongful death lawsuit. In most cases, the term “next of kin” refers to a person’s children. However, depending on an individual’s family structure, this may include siblings and other relatives.
If a deceased person has no surviving spouse or next of kin, 740 ILCS 180/2(c) provides that those furnishing hospitalization, medical services, or their personal representative charged with administering their estate may file a wrongful death action.
Wrongful Death Compensation
No amount of money can truly replace a loved one, but compensatory damages following a tragic accident can be important to recovering financially from an unexpected death. Under 740 ILCS 180/2(a), the plaintiff in an Oak Lawn wrongful death case may recover medical expenses, lost wages, disability costs, and any other expenses related to caring for their injured loved one before and after their death.
When to File a Wrongful Death Action
After losing a loved one, families often struggle to feel a sense of normalcy after losing a loved one, particularly after an accident that gives rise to a wrongful death lawsuit. However, it may be important to talk to an experienced wrongful death lawyer in Oak Lawn as soon as possible, as there is only a limited amount of time available to file a wrongful death action in Illinois.
Under 740 ILCS 180/2(d), a wrongful death action must be filed within two years of the deceased person’s death. If a family waits too long and attempts to file a claim after this two-year limitation, their case may be dismissed, and they may be unable to receive any compensation whatsoever.
Let an Oak Lawn Wrongful Death Attorney Help
If you lost a loved one in an accident, there is no way to overstate the grief and loss you and your family may be going through. While a wrongful death lawsuit cannot bring a loved one back, a seasoned Oak Lawn wrongful death lawyer could aggressively pursue the compensation you and your family deserve so that you can have some degree of closure and financial security. When you are ready, call a compassionate local attorney to set up a confidential consultation.
