The loss of a loved one is a painful experience we all must endure at some point in our lives, but it becomes all the more heart wrenching when it could have been prevented. The wrongful death attorneys at Wilson Law Office are experienced, caring, and qualified lawyers who are here to assist you through this difficult journey. Even when an insurance company is involved, we recommend hiring an attorney to ensure you receive fair compensation for your loss. 

You can trust that we will handle your claim with proficiency and delicacy, as we help you navigate the legal processes for a favorable outcome. We will fight for your right to answers about what happened, and for the responsible party to be held accountable – we will fight for the justice you both deserve.

Wrongful Death Laws in Illinois

The State of Illinois has two different wrongful death laws. The Illinois Wrongful Death Act allows victims to sue strictly for financial loss. An example of this would be when one parent’s death leaves the family without a regular source of  income. The Illinois Survival Act is another law that covers economic loss, but also allows for other damages like trauma, emotional pain and suffering, etc.

Wrongful Death Lawsuits

A death caused by wrongful acts often results in a wrongful death suit being filed against a negligent party. Common causes of wrongful death include motor vehicle accidents, medical malpractice, workplace accidents, product liability, and animal attacks.

Wrongful death lawsuits give victims the opportunity to seek compensation for their loss, justice for their loved one, and closure to help them heal. Spouses, children, and certain other individuals may recover damages through a wrongful death action, but the best way to understand your rights is to speak with a knowledgeable wrongful death lawyer in Peru, Illinois.

Filing a Wrongful Death Claim in Illinois 

When you work with the Wilson Law Office to file a wrongful death lawsuit, you will work directly with one of our representatives who will file on your behalf. Sometimes a personal representative is included in one’s will, however, the local probate court can also select one for you.

The lawsuit will address the harm caused by the defendant and detail the damages being sought. A wrongful death lawsuit may include any or all of the following:

• Funeral and Burial Expenses
• Loss of Care
• Loss of Consortium
• Loss of Income
• Loss of Inheritance
• Medical Treatment
• Pain and Suffering

Economic damages tend to be easier to recover than non-economic harm since they have a numerical value attached. If medical treatment was given prior to your loved one’s death, be sure to keep receipts and records for all medical care and other related expenses. The Illinois Courts can measure other damages in a variety of ways, but often use stipends for victim compensation.

How to Prove a Wrongful Death

There are four elements to proving a wrongful death case. These involve establishing a duty to avoid harming others, a breach of this duty, causation, and proving damages.

The first step shows that the defendant had a responsibility to reasonably avoid harming other people. Obviously, accidents can happen, but there are steps a person can take to prevent accidents, which leads us to the second part.

Breach of duty shows where the defendant did not do due diligence to keep others from harm, and often reflects a direct action or behavior.

Next, causation shows how the defendant’s action or behavior is what caused the wrongful death. For example, a drunk driver would not have hit someone if they had not been driving while intoxicated.

Lastly, evidence is provided that shows the victim sustained damages because of their loved one’s death. This can be anything from hospital bills, to severe emotional harm due to trauma.

Wrongful Death Statute of Limitations in Illinois

Generally speaking, wrongful death lawsuits must be filed within two years of the death. Children are exempt from this rule in that they may file a wrongful death lawsuit any number of years after the loss of a parent  – up to their 20th birthday. . The statute is different for anyone suing a government agency, as well, which must be done within one year of the death.

Rely on Wilson Law Office 

If you are in need of an experienced wrongful death attorney in the Peru, IL area, contact Mark M. Wilson for a consultation. Our staff will handle your case with finesse and dignity, all while fighting for answers and for the responsible party to be held accountable. We invite you to reach out to our law firm for assistance or with any questions you may have.