When someone dies as the result of another person’s actions, either intentional or unintentional, that person may find themselves facing charges such as homicide or involuntary manslaughter. In addition to those charges, however, the victim’s survivors are able to file a wrongful death claim for damages that the person caused. 

In Illinois, you may file a wrongful death claim if you are the decedent’s surviving spouse or child. We understand how the law works and have helped many clients with their wrongful death cases. 

When is a wrongful death claim appropriate? 

According to the Illinois General Assembly website, you may file a wrongful death when your loved one has died as the result of someone else’s neglect, wrongful act or default. You may file a wrongful death claim any time a situation falls under these conditions, regardless of the other charges that the defendant may be facing. Generally speaking, the statute of limitations for wrongful death claims is between two and five years. 

What damages are recompensable under a wrongful death claim? 

There are two different categories of damages that the jury may award under a wrongful death claim. The first category covers the time from the occurrence of the initial injury until the decedent passed away. This can include damages for medical expenses, lost wages and burial expenses. 

The second category of damages are to cover the loss you experience as the decedent’s spouse or next of kin. This can include compensation for the wages lost as a result of the untimely death of your loved one. The jury may also award damages for the sorrow, grief, pain and suffering that resulting from the loss of your loved one. More information about this topic is available on our web page.