Coping with the loss of a loved one is an extremely difficult and emotionally painful ordeal, especially when their loss was preventable. Mark Wilson, a highly experienced attorney specializing in wrongful death cases in Ottawa, IL, is available to assist you as you pursue justice and the fair compensation you deserve for your great personal loss.
At Wilson Law Office, our expertise and compassionate guidance will lead you through the legal proceedings, ensuring that your claim is handled with both skill and sensitivity. We strongly believe that you deserve prompt responses and empathetic legal representation during this challenging period.
Wrongful Death Lawsuits Explained
In a wrongful death lawsuit, you are seeking legal recourse against an individual whose negligence led to the death of another. According to the Illinois Department of Public Health, the most common causes of such tragedies include motor vehicle accidents, product liability, animal attacks, medical malpractice, and workplace incidents.
Filing a claim for wrongful death allows you to pursue both closure and compensation for your loss. Surviving family members, including spouses, children, or parents of the deceased, have the right to seek justice and restitution for the wrongful death of a loved one.
Illinois’ Wrongful Death Laws
In Illinois, there are two distinct statutes relevant to wrongful death proceedings: the Illinois Wrongful Death Act and the Illinois Survival Act.
The Illinois Wrongful Death Act allows victims to pursue financial damages to address the economic impact caused by the loss of their loved one. For example, the death of a spouse may result in financial hardship for the remaining family members.
On the other hand, the Illinois Survival Act covers economic and non-economic damages, such as emotional trauma, pain, and suffering endured by the deceased before their passing.
Statute of Limitations and Legal Deadlines
The statute of limitations for filing a wrongful death lawsuit varies by state, and in Illinois, claims must typically be filed within two years of the loved one’s death. However, there are some exceptions, such as allowing a child to file a lawsuit within two years of turning 18 (before their 20th birthday). On the other hand, it is important to remember that when suing a government agency in Illinois, the claim must be filed within one year.
Initiating a Lawsuit for Wrongful Death
To successfully win a wrongful death case, your attorney must establish four key elements.
- First, it must be demonstrated that the defendant had a duty to exercise reasonable care to prevent harm to others.
- Second, it needs to be proven that the defendant breached this duty, such as in cases involving a drunk driver causing a fatal car crash.
- Third, a causal connection must be established between the defendant’s actions and the breach of duty. In other words, it must be shown that the defendant’s actions directly led to the fatal incident.
- Fourth, the damages resulting from the wrongful death must be clearly outlined, encompassing both economic and non-economic losses. This could include medical expenses incurred before the passing and the emotional anguish suffered by the deceased.
Guiding You Through A Wrongful Death Suit
At Wilson Law Office, our committed team will manage the initiation of your wrongful death lawsuit on your behalf. Typically, a personal representative is appointed, either through the deceased’s will or by the local probate court.
The lawsuit will address the harm inflicted by the responsible party and the specific damages you aim to recover. Potential damages in a wrongful death lawsuit include loss of income, medical expenses, pain and suffering, loss of inheritance, loss of care, loss of consortium, and funeral and burial costs. Funeral expenses can also be pursued separately.
Economic damages, such as medical bills, can be supported with receipts. Non-economic damages are assessed through various methods in Illinois courts, often employing a stipend or multiplier approach to determine suitable compensation.
The Duration of Wrongful Death Lawsuits
Wrongful death lawsuits can span from one to four years, although timelines vary based on individual circumstances. Some cases may conclude with a settlement or verdict within months, while others may take substantially longer, depending on the complexity of the evidence and the parties involved.
At Wilson Law Office, our focus is on securing full compensation for our clients. We refrain from settling until we fully understand the case’s details and its effects on our clients’ lives.
Contact Wilson Law Office for a Wrongful Death Attorney in Ottawa, IL
If a loved one has experienced wrongful death or personal injury and you’re seeking an Ottawa wrongful death lawyer, reach out to our law firm without delay. Our highly experienced and empathetic team stands ready to offer the representation and assistance you need during this difficult period.
Contact Wilson Law Office today to schedule a free consultation, explore our services, and determine if we’re the right fit for your needs. Call us at 815-408-6330 to schedule your case consultation with attorney Mark Wilson to share your story and receive the personalized attention and legal support you deserve.
Take the initial step toward justice by contacting our firm today and know that at Wilson Law Office, we welcome the opportunity to serve you with professionalism and commitment.
815.408.6330 
