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Who is Eligible to File a Claim After a Loved One’s Wrongful Death?

Wrongful death claims are filed by plaintiffs against parties who have caused another person’s death through negligence or intentional harm. These lawsuits allow a decedent’s estate to request compensation from those responsible for the person’s demise. Wrongful death lawyers in Joliet help estate representatives file claims on the survivors’ behalf.

Applicable Claims

Most wrongful death claims apply when a victim would have been able to file a personal injury lawsuit if they’d survived the incident. Eligibility requires the presence of factors such as:

An intentional killing
Fatal medical malpractice
Fatal negligence

Your attorney will examine the case’s facts and determine if they meet Illinois’ definition of medical malpractice.

Who May File?

In the state of Illinois, children and surviving spouses can file wrongful death claims. However, these rights may extend to other family members such as a minor child’s parents or adult children of a decedent. If the person didn’t have a personal representative, the court will choose one. In all cases, claimants and their wrongful death lawyers in Joliet must open probate estates; this ensures proper oversight and handling of the case.

The Statute of Limitations

Like all other states, Illinois has a statute of limitations on wrongful death claims. In most instances, claims must be filed within a year of the individual’s death. There are exceptions in limited circumstances, and it’s best for claimants to seek advice from qualified attorneys.

Requesting Compensation

In an Illinois wrongful death claim, damages are paid to a person’s survivors. A jury may award damages that are considered fair for the losses occurring due to the person’s death. In some cases, plaintiffs may get additional damages for their grief, anguish, and mental injuries. Compensation is given to plaintiffs according to their dependency on the decedent. Visit BlockLaw.com to fill out our online contact form or call us at Block, Klukas, Manzella & Shell, P.C. for a consultation.

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