At the Law Offices of Glenn & West, LLC, our wrongful death attorneys understand how shocking and traumatic losing a loved one before their time can be. We are here to help you understand your rights and pursue compensation if your loved one’s death would not have occurred but for the wrongful actions of another.
Contact us today to request a free, no-obligation review of your case. We serve clients in Nokomis, Litchfield and throughout Illinois.
Damages in a Wrongful Death Claim
While there is no amount of money that can truly compensate you for the losses you have suffered, there is compensation available to help you pay for costs associated with a loved one’s death. In the state of Illinois, damages recoverable in a wrongful death claim include compensation for:
- Grief, sorrow, and mental suffering
- Medical expenses incurred prior to death
- Funeral and burial expenses
- Loss of financial support and services, such as loss of earnings and benefits
Who Can File a Wrongful Death Lawsuit?
A wrongful death lawsuit can be filed when the wrongful act or neglect of one party led to the death of another. However, not just anyone who knew the victim can pursue damages. Instead, the right to pursue damages in these cases is reserved for the personal representative of the decedent. The damages will be recovered for “the exclusive benefit of the surviving spouse and next of kin.” Therefore, an appointed personal representative may be a family member, such as a spouse or child of the deceased.
Time Limit for Your Case
While it can be very challenging to do, it is recommended that you meet with an attorney to discuss the wrongful death action as soon as possible after your loved one dies. By initiating the process earlier, there is a greater likelihood that relevant evidence will be preserved.
In all cases, however, you must file a wrongful death lawsuit (if your case cannot be settled out of court) within two years of the decedent’s date of death. If you wait longer than two years to file your action, you will likely be barred from recovery.
Get Legal Help Today
Our wrongful death attorneys are here to support you in seeking justice and holding the responsible party liable. Our legal team can help you by building your case, investigating your claim, calculating damages, and representing you in negotiations and litigation. We are here to advocate for you. Contact us today to schedule a free consultation.
