Over a thousand people die in Illinois car accidents every year, leaving surviving families broken and facing significant financial stress. A wrongful death claim can help you and your family find justice and recover compensation for the loss you’ve suffered. However, only specific family members can recover compensation in these cases, so make sure you know the rules before moving forward with your claim.
Who Can File an Illinois Wrongful Death Claim?
According to the Illinois Wrongful Death Act, only the deceased’s personal representative (also called the executor of their estate) can file a wrongful death lawsuit. Usually, someone names their personal representative or executor in their will or a similar document. The personal representative is typically a spouse or someone else in the deceased’s family, though there’s no legal requirement for someone to choose a family member as their representative. Most mentally competent adults can serve as a personal representative.
However, people sometimes die without a will, or their will doesn’t designate a personal representative. In these cases, the courts can appoint someone to serve as the personal representative, and this person can file a wrongful death claim on the surviving family’s behalf.
Who Gets the Money from an Illinois Wrongful Death Lawsuit?
Any compensation won in these cases is for the exclusive benefit of the deceased’s surviving spouse and next of kin. In other words, only the surviving spouse or the deceased’s family members can recover compensation in these cases.
How much compensation each family member receives depends on the case. The law says the money is divided among the surviving spouse or other family members in proportion to their respective percentages of dependency upon the decedent. In other words, whoever was most dependent on the deceased receives the largest share of the compensation. This rule favors minor children, retired or stay-at-home spouses, and others who aren’t able to support themselves without the deceased’s income.
What Compensation Can a Wrongful Death Claim Include?
A wrongful death claim can include compensation for many losses that you or your deceased family member may have suffered, such as:
- The deceased’s medical expenses
- Funeral and burial costs
- Loss of the deceased’s income and benefits
- Loss of the deceased’s companionship
- The deceased’s pain and suffering
- Loss of the deceased’s guidance and nurturing
Winning an Illinois Wrongful Death Lawsuit
To recover compensation in an Illinois wrongful death claim, you must prove that another driver or someone else caused your family member’s death through their wrongful act, neglect, or default. Typically, this means showing that the other driver or another party acted negligently, meaning they didn’t take reasonable steps to prevent the collision. Common examples of negligence that cause fatal collisions include:
- Drunk driving
- Distracted driving
- Speeding
- Weaving through traffic and other aggressive driving behaviors
- Failing to yield the right-of-way
- Vehicle defects resulting from careless automakers or parts manufacturers
An experienced wrongful death attorney can investigate the accident and collect evidence to support your claim. This evidence may include the official crash report, photos from the scene, surveillance footage, eyewitness accounts, or expert testimony.
Deadline to File a Wrongful Death Lawsuit in Illinois
In most cases, you must file a wrongful death lawsuit within two years of someone’s death. Note that the deadline applies from when they died, not when they initially sustained their ultimately fatal injury. For example, if your family member didn’t die until a month after a severe car accident, the deadline for a wrongful death claim applies from their death date, not the crash date.
Contact Our Illinois Wrongful Death Attorneys
At Bonifield & Rosenstengel, P.C., we’ve fought for injured people and grieving families for over 45 years. We know you’re hurting and don’t need the stress of a legal battle, which is why we handle all the details of your case for you. Let us fight for your family while you work through your grief. Call now or complete our contact form for a free consultation.