Filing a Wrongful Death Claim in Chicago

Filing a Wrongful Death Claim in Chicago

By James Bizzieri 

According to the Centers for Disease Control and Prevention (CDC), numerous deaths occur each year in the United States including: 120,000 due to injury; 26,000 due to falls; 33,600 due to motor vehicle accidents; and 33,400 due to poisoning. A number of these deaths occur as a result of the negligence of another. A wrongful death claim occurs when the negligence of one party causes the death of another by “wrongful act, neglect or default,” according to state law. If your loved one has passed as a result of someone else’s negligence, contact a Chicago attorney today for a consultation on your rights.

Who Can File a Wrongful Death Claim

According to Illinois state law, the personal representative of the deceased must file a claim on behalf of the estate. A personal representative is one who handles the affairs of a person after they have passed away. A personal representative may be the spouse, parent, minor child or adult child of the deceased. A court may appoint a personal representative if the deceased died without appointing one prior to death.  Damages awarded in a successful claim are paid directly to the estate and the personal representative is responsible for distributing the funds to the appropriate parties.

Statutory Limitations & Damages in Wrongful Death Claims

Statutes of limitation are time limits imposed by states during which a claim must be filed; waiting until after this period has expired could result in the claim being barred forever. In most states, wrongful death cases must be filed within two years of the death in order to be heard in court. A skilled, knowledgeable and experienced attorney can handle the intricacies of a wrongful death suit.

Damages in a wrongful death case that are often awarded include medical bills and emergency care costs, lost wages including future wages, funeral and burial costs, loss of consortium (including companionship for family members), as well as pain and suffering. A Chicago wrongful death attorney can fight for your legal rights and obtain the monetary compensation you deserve.

Contact an Experienced Chicago Attorney

 Wrongful death law is complicated. An experienced and skilled attorney is needed to handle the case, particularly during settlement negotiations. Contact a Chicago area wrongful death attorney today for a consultation. If your loved one has passed due to the negligence or wrongdoing of another, a personal injury attorney at Bizzieri Law Offices can guide you through the entire process and obtain monetary damages to which you may be entitled.