When Injury Leads to Death in Illinois
by Michael Helfand
(Illinois)
When someone is injured as the result of someone else’s negligence, a personal injury lawsuit may be filed. If the injury leads to death, that person’s estate has the right to file a personal injury lawsuit, or more specifically, a wrongful death lawsuit.
In Illinois, the deadline for filing a wrongful death lawsuit is two years from the date of death. This is called the statute of limitations, and it may be longer in some situations or shorter in others.
For example, if you are suing a part of the government, such as an Illinois county, a university hospital, etc – you may only have one year.
It makes sense to talk to an Illinois attorney as soon as possible if you are considering filing a wrongful death lawsuit. It may be the last thing you’re thinking about after a tragedy, but the deadlines are strict, and the longer an attorney has to prepare the case the better chance you’ll have at success.
What types of incidents are appropriate for a wrongful death lawsuit? The category is fairly broad. If someone is negligent and causes death, they may be liable for the damage they caused. Wrongful death lawsuits appear in all areas of Illinois law, from medical malpractice to vehicle accidents.
If a doctor falls below the standard of care in treating your loved one and they die as a result, you may have a good case for medical malpractice. If your loved one is hit by a drunk driver and killed, you can file a wrongful death lawsuit against the driver.
The value of a wrongful death lawsuit in Illinois can vary, and it may depend on the income, age and identity of the person who passed away. In a wrongful death case, you are not compensating the deceased for their loss but rather the people left behind for their loss.
Appropriate damages (monetary compensation) in an Illinois wrongful death lawsuit include medical bills, pain and suffering, and loss of companionship and future expected support. The value of a case may be greater for someone who was supporting a family, for example.
Most Illinois personal injury attorneys – including those who focus on wrongful death cases – charge a contingency fee, which means that you only pay if you win. If the case is lost, there is no fee.
When looking for an Illinois wrongful death attorney, find someone who focuses their practice on wrongful death cases. Ask about their past success and whether they have had cases similar to yours. Most Illinois personal injury and wrongful death attorneys will consult with you for free.
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Michael Helfand has been an Illinois attorney since 1997 and is founder of FindGreatLawyers.com, the leading resource for Illinois lawyer referrals and legal guidance.
