After a person sustains fatal injuries due to an accident caused by another individual, family members of the deceased person will undeniably suffer emotional distresses. While this mourning period is completely natural and necessary for a family in order to achieve emotional recovery, family members should be aware of their legal rights.
According to Illinois state laws, specific family members can file a wrongful death lawsuit against the person responsible for the accident within one year of the deceased person’s date of death, also referred to as the statute of limitations. Family members should remember that wrongful death claims are civil lawsuits, which means that one of the following individuals must file the lawsuit in court in order to pursue financial compensation:
- A personal representative of the deceased person’s estate
- The deceased person’s child or children
- The deceased person’s domestic partner or spouse
- The deceased person’s parents if there is no surviving spouse or child
If a family member does not file the lawsuit within the one-year limit, the defendant may file a motion to dismiss the case. When the court grants the request, the case is completely dismissed and cannot be reversed. It is important to note that personal injury lawsuits must be filed within two years of the date of an accident, so, in some cases, a representative may have up to two years. Of course, representatives should act as quickly as possible to ensure his or her rights are safeguarded and in order to pursue maximum financial compensation for his or her losses.
Have You Suffered the Loss of a Loved One? Call Our Legal Team.
If someone you love sustained fatal injuries in an accident due to the recklessness, carelessness, or negligence of another person, we urge you to call our Chicago wrongful death lawyers at Cavanagh Law Group right away. We can examine the details of your case and determine which legal strategies can help you obtain positive results in the shortest amount of time possible. We understand these types of cases can cause an entire family to suffer, and that is why we offer superior legal services and compassionate representation.