What Can Be Recovered in a Wrongful Death Claim?
Like with injury claims, wrongful death cases seek to provide justice to
match your losses in the form of financial compensation. While no human
being's worth can possibly be quantified, these cases are about making
sure the families of negligence victims are provided for. Often, the decedent
(or the victim) is a breadwinner in his or her home, so a wrongful death
claim can provide for future wages they would have earned.
Wrongful death claims can also be sought for:
- Medical expenses prior to death
- All funeral expenses
- Lost parental guidance (for children)
- Lost companionship (for spouse)
- Punitive damages (for criminal negligence)
Who Can File a Wrongful Death Claim?
In Illinois, a wrongful death claim can be filed by:
- the spouse of the deceased
- a parent of a minor child who is deceased
- an adult child of the deceased
If the deceased person passed away without appointing a personal representative
in an estate plan or will, then the court has the lawful right to appoint
a personal representative who would also be able to pursue a wrongful
Wrongful Death Statute of Limitations
A statute of limitations sets a deadline for when a claim must be filed.
In Illinois, a wrongful death claim must be filed within one year of the
date of death or following the statute of limitations of the underlying
case type, whichever date is later.
For example, if the death was caused by a
car accident, which is a
personal injury case type, the personal representative of the deceased has at least one year
but up to two years to file their claim with the courts. If this deadline
is missed, then the right to pursue compensation is lost.
Having an experienced Chicago wrongful death attorney on your side could
make all the difference. Building a complex case requires the aid of several
different kinds of experts, depending on the circumstances of your loved
one's accident. Our firm has access to expert witnesses that will form
the base of your claim, while we present the facts in a way that is clear,
straightforward, and compelling.
Thanks to our skill, philosophy, and expertise, Cavanagh Law Group has
recovered more than $450 million for our clients in less than a decade.
We are passionate about securing justice for our clients while helping
them navigate the toughest times of their lives. Speak with our firm in
a free, confidential case consultation today.
Contact our Chicago wrongful death lawyers today. Our clients pay no fee unless
we win, so there's no better time to call: