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IL injury lawyerOne of the hardest things we will all have to do at some point in this life is to grieve the death of a loved one. When their death is untimely and preventable, it can be even more heartbreaking for family members. According to the National Highway Traffic Safety Administration (NHTSA), more than 37,000 people were killed in traffic accidents in 2017. Losing a loved one in a car accident can be hard to deal with, especially if the other party was at fault and they were able to walk away from the accident. Fortunately, the state of Illinois allows family members to claim compensation in their loved ones’ name in what is known as a wrongful death claim.

What Is Wrongful Death?

Wrongful death lawsuits are wide-reaching; they can cover a variety of intentional or unintentional actions taken by individuals, a group of people or even companies as a whole. Specifically, the Wrongful Death Act states that wrongful death can be caused by “wrongful act, neglect or default.” Wrongful death acts are also typically acts that would have entitled the deceased to file a personal injury claim if death had not ensued.

Requirements for Filing a Wrongful Death Lawsuit

To file a wrongful death lawsuit, the deceased person’s personal representative must do so. Usually, this person is the deceased’s spouse or a close family member, which can also include the deceased’s children or adoptive parents. This person can also be a person who has been appointed by the court to manage the deceased person’s estate. The statute of limitations is two years for wrongful death lawsuits, but that is extended to five years if the death was due to violent intentional conduct.

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