In Illinois, families retain the right to file a wrongful death lawsuit when an avoidable fatality occurs. The laws outline all circumstances in which a fatality falls under the classification. Families file claims to acquire compensation for economical, non-economical, and punitive damages. A wrongful death attorney in Rockford, Illinois helps families start a lawsuit.
What Statute of Limitations Applies?
The Illinois Wrongful Death Act defines a two-year deadline for filing legal claims. The state doesn’t provide any exceptions, and the family forfeits their rights if they miss the deadline. The family doesn’t have to wait until the verdict is rendered in a criminal case to file.
Are There Limitations on Monetary Awards?
State laws limit noneconomic awards to a maximum of $500,000 for wrongful death claims. Families filing a lawsuit against a hospital or medical center won’t receive more than $1 million in noneconomic damages. There isn’t a cap on economic damages or awards. The plaintiff requests compensation for their exact expenses related to the victim’s death.
Who is Considered Next of Kin?
The victim’s next of kin is their spouse, children, siblings, or parents. Any family member who suffered financial loss due to the wrongful death is entitled to file a claim. Former spouses are not eligible unless they are filing on behalf of their minor child.
What Constitutes a Wrongful Death?
Any fatality that resulted from a direct criminal action or negligence is classified as wrongful death. Negligence is proven if the defendant caused the injuries or created conditions that lead to the injuries. A surgical injury that was avoidable constitutes wrongful death. Any criminal act that causes a fatality presents a wrongful death. A faulty auto part deems a manufacturer or the mechanic at fault for a wrongful death.
In Illinois, families file legal claims to recover damages after a wrongful death occurs. The claim indicates that the defendant caused the victim’s death directly or due to negligence. Medical evidence such as an autopsy defines the victim’s exact cause of death. Families that need help from a wrongful death attorney in Rockford, Illinois can visit for more info now.
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