How Long Do You Have to File a Wrongful Death Lawsuit?

If you have lost a loved one due to someone else’s negligence in Illinois, you may be wondering how long you have to file a wrongful death lawsuit? In Illinois, wrongful death claims generally need to be filed within two years according to the wrongful death statute of limitations, with exceptions for minors. Our wrongful death attorneys can help you pursue justice, understand the specific time frame for your case under Illinois law, and help you take legal action to seek compensation.

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Time Limit for Filing a Wrongful Death Lawsuit

What Is Wrongful Death in Illinois?

A wrongful death happens when someone dies due to another’s negligence. If you lost a loved one due to a wrongful death, you might be eligible for compensation from the responsible party in a personal injury claim. Wrongful death lawsuits usually involve multiple causes of action.

Examples of Wrongful Death Cases

Cases involving wrongful deaths include:

• Distracted driving
• Drunk driving
• Medical malpractice
• Nursing home abuse

What Damages May Be Awarded in a Wrongful Death Action?

First, under the Illinois Wrongful Death Act (740 ILCS 180/0.01, et al.), surviving family members might be able to receive compensation for:

• Grief
• Sorrow
• Mental suffering

In a second Illinois wrongful death statute, the Survival Act (755 ILCS 5/27-6), beneficiaries of a deceased person’s estate can sue for the damages the deceased suffered, including:

• Pain and suffering
• Loss of a normal life
• Lost wages
• Medical bills and medical expenses
• Funeral and burial expenses

In some instances when wrongful death occurs, the spouse may file their own direct lawsuit to recover loss of consortium damages, including:

• Loss of support
• Loss of love and affection

How Do Chicago Wrongful Death Attorneys Prove a Wrongful Death Claim?

In most cases, the plaintiff needs to demonstrate that the defendant was negligent to win a wrongful death claim. To prove negligence, the plaintiff must show:

1. the defendant owed the deceased person a duty of care,
2. the defendant breached that duty of care,
3. the defendant caused the deceased person’s death, and
4. the plaintiff suffered damages.

How Do I File a Wrongful Death Suit?

Hire a Chicago wrongful death lawyer who will build your case by collecting crucial evidence such as medical records, surveillance footage, and witness statements.

Your experienced wrongful death attorney will:

• Send a demand letter to the defendant’s insurance company or employer, outlining your claims to settle the case out of court. If the insurance company doesn’t cooperate, your attorney will file a lawsuit.
• Open an estate in Illinois Probate Court. The “personal representative” of the deceased, whether an executor named in a will or a court-appointed administrator in the absence of a will, can file claims.
• File a damages complaint against the defendant in Illinois Circuit Court, making sure it clearly presents the facts for your wrongful death claim, otherwise, the court will dismiss it.
• Deliver the complaint and court summons to the defendants via the sheriff’s office.

How Do I File and Prosecute a Wrongful Death Lawsuit?

Most wrongful death cases settle before out of court, but the process can be lengthy when insurance companies delay to avoid payments.

Filing a Complaint

A wrongful death case begins with filing a damages complaint in the Illinois Circuit Court. Once the defendant responds, both parties exchange document and information requests during the discovery process, requiring defendants to provide relevant documents, including incriminating ones.

Questioning Witnesses

After written discovery, parties can depose witnesses under oath. The number of depositions depends on the complexity of the case.

Disclosing Expert Witness Consultants

After depositions, expert witnesses may be disclosed for scientific opinions on the accident and damages.

How Are Wrongful Death Settlements Paid Out?

In the case of a wrongful death, the surviving spouse and next of kin can seek damages for grief and mental suffering. Beneficiaries may also recover compensation for the deceased’s pain, lost wages, medical bills, and funeral expenses. Additionally after a loved one’s death, spouses can file separate lawsuits for loss of love, companionship, care, guidance, and household services.

Who Is Next of Kin?

The Illinois Probate Act (755 ILCS 5/9-1, et al.) distributes settlement proceeds to closest family members first, with distant relatives receiving them if no close family exists:

1. Spouse and children
2. Grandchildren
3. Parents
4. Brothers and sisters
5. Nieces and nephews
6. Grandparents

In a settlement, a spouse receives 50%, and two children split the remaining 50%. If there’s no spouse or children, the deceased’s parents each receive 50%.

Do I have to pay taxes on a wrongful death settlement?

In Illinois, compensation from personal injury and wrongful death cases is generally not taxable, except for specific recoveries like punitive damages and interest.

Get Help from The Kryder Law Group, LLC

If you believe you have a wrongful death case, contact The Kryder Law Group, LLC Accident and Injury Lawyers for a free case evaluation. Our experienced Chicago wrongful death lawyers will help you understand the process, inform you about the statute of limitations, and seek justice for your loss. Call us today for a free consultation.