Grieving a family member’s death is hard enough without also worrying about how to pay for hospital fees or final arrangements. When someone else’s negligence caused that loss, Illinois law gives you the right to seek compensation through a wrongful death claim. Legal action can’t replace the person you’ve lost, but it can help ease some of the burdens you face. For help, contact Feagans Law Group P.C. today to schedule a free consultation with an Elgin wrongful death attorney.
Why Hire Feagans Law Group P.C. For Your Wrongful Death Case?
If you’re searching for a law firm to handle your wrongful death claim, Feagans Law Group P.C. stands out for its proven results and caring approach. Here’s why you should work with us:
- We have recovered millions of dollars for grieving families, reflecting our dedication to securing meaningful compensation.
- Our background includes experience working with insurance companies, which helps us anticipate their tactics and obtain settlements that reflect the losses you’ve experienced.
- With over a decade of practice in Chicagoland and strong ties to healthcare and financial providers, our Elgin auto accident attorneys ensure you have the resources you need to rebuild your life.
Let us help you deal with this difficult time in your life. Contact us today to schedule a free consultation.
What Makes a Death a Wrongful Death in Illinois?
In Illinois, a wrongful death happens when someone dies because of another person’s harmful act or neglect, and the victim could have filed a personal injury lawsuit if they had survived.
(740 ILCS 180/1) (from Ch. 70, par. 1)
Sec. 1. Whenever the death of a person shall be caused by wrongful act, neglect or default, and the act, neglect or default is such as would, if death had not ensued, have entitled the party injured to maintain an action and recover damages, including punitive damages when applicable, in respect thereof, then and in every such case the person who or company or corporation which would have been liable if death had not ensued, shall be liable to an action for damages, including punitive damages when applicable, notwithstanding the death of the person injured, and although the death shall have been caused under such circumstances as amount in law to felony…
Essentially, it covers situations where one person’s actions cause the death of another. The loved ones of the deceased can then bring a legal claim to recover financial damages caused by that loss, such as medical and funeral expenses or lost support.
Who Can File a Wrongful Death Claim?
Under Illinois law, a spouse and next of kin may receive compensation if a wrongful death occurs. Although the term “next of kin” isn’t strictly defined, it typically covers relatives who relied on the deceased for financial support, such as children or other dependents.
…the amount recovered in every such action shall be for the exclusive benefit of the surviving spouse and next of kin of such deceased person.
This includes adopted children and adoptive parents, who have the same legal standing as biological family members. To qualify for benefits, family members often have to show they depended on the person who passed away.
Statute of Limitations For Illinois Wrongful Death Claims
In Illinois, you typically have two years from the date of death to file a wrongful death claim. Although that’s the standard deadline, there may be situations where it can be extended.
Except as otherwise provided in subsection (e) of this Section, every such action shall be commenced within 2 years after the death of such person
Because every case is different, it’s recommended that you speak with an attorney as soon as possible to avoid missing any important time limits. This step can help protect your rights and ensure you have plenty of time to gather evidence for your claim.
How an Attorney Can Help You With a Wrongful Death Case
Coping with the loss of a loved one is never easy, and dealing with legal matters on top of that can feel overwhelming. Here are ways an attorney can offer support:
- They can collect important evidence, such as official reports or financial records, to ensure the wrongful party is held legally responsible for all of your losses.
- An attorney navigates the complexities of the court system, filing all the necessary paperwork and meeting critical deadlines on your behalf.
- They negotiate with insurers or opposing parties for a fair settlement, giving you a chance of getting the compensation you deserve without the stress of going to trial.
- If you’re unable to obtain a fair settlement offer, they’ll fight for you at trial.
By letting your lawyer handle legal worries, you free up space to focus on mourning and honoring your loved one’s life.
Contact Feagans Law Group P.C. To Schedule a Free Consultation
Tragedies like wrongful death remind us that life can change in a moment. While seeking compensation will not mend the heartbreak, it can bring a sense of justice and help you with unforeseen financial struggles. Though the journey ahead may be difficult, you do not have to face it alone. When you’re ready, contact Feagans Law Group P.C. today to schedule a free consultation with an Elgin wrongful death attorney.