What Constitutes Wrongful Death?

A wrongful death claim can be filed by dependents or beneficiaries of the deceased, alleging that he or she was killed as the result of another party's negligence. A wrongful death lawsuit is a civil action intended to compensate the plaintiff(s) for the loss of a loved one. There is no federal wrongful death statute, however, Illinois has legislation allowing residents to pursue such claims. The prosecution must demonstrate: that the death was caused, at least in part, by the defendant; that the defendant was indeed negligent and strictly liable; and that damages warranting financial compensation occurred as a result of the death.

Wrongful Death Claims

Under Illinois law, damages recovered in a wrongful death lawsuit can include hospital service fees, medical and surgical costs, funeral expenses, loss of companionship, pain and suffering, and the costs and expenses of administration. Some of these damages are more subjective and may be restricted by statute.

The wrongful death statute of limitations in the state of Illinois is two years from the time, except under special circumstances. However, the sooner one retains the services of a firm with experienced wrongful death attorneys, the sooner a private investigation into the cause of death can begin.