WRONGFUL DEATH ATTORNEY IN PEORIA, ILLINOIS
For the families of those who have lost a loved one due to the carelessness and negligence of a company, driver, or medical professional the pain can be unimaginable. While wrongful death lawsuits cannot bring a loved one back, they can help ease some of the burden by ensuring that those responsible be held accountable and that the survivors need not struggle financially due to loss of income, consortium, and funeral expenses. I have personally settled many wrongful death suits throughout my career and will work with you and your family to guarantee you get the compensation you deserve.
What Constitutes a Wrongful Death?
A wrongful death is a death that is caused by the negligence or misconduct of an individual or company. A wrongful death action is a claim for damages that stem from the conduct, action or inaction by another party, which caused the decedent’s wrongful death. Generally, the damages sought are for monetary losses and for the loss of companionship. However, new additions to the Illinois Wrongful Death Act in Illinois now allow victims of a wrongful death to recover damages related to grief, sorrow, and mental suffering.
Types of Illinois wrongful death cases can include:
medical mistakes
car or airplane accidents
criminal attacks
dangerous or defective products
medical malpractice
Deciding Who Should Take Action
A confusing aspect of filing a wrongful death claim is deciding who should take legal action when there are multiple possible beneficiaries. Illinois wrongful death cases are usually brought on behalf of the deceased by their surviving spouse, child, or parent. Even though there may be multiple people affected by the loss, only one person may file the claim. These cases start by then opening up an estate on behalf of the deceased person and obtaining permission to sue on behalf of the estate.
How Long Do I Have to File a Wrongful Death Suit?
In Illinois, the statute of limitations period (the maximum allowable time to file) for a wrongful death action is 2 years from the date of death. However, the time limit depends on who and what caused the wrongful death. For example, the statute of limitations is less than 2 years if you are claiming that a government agency caused the decedent’s wrongful death. The bottom line is that if you think you might have a case you need to act on it ASAP. Once the statute of limitations is passed the case is gone forever, almost with no exceptions.
How Long Does It Take to Settle a Wrongful Death Suit?
The time frame for a wrongful death lawsuit varies and depends on a number of factors. The best avenue for wrongful death lawsuits is to hire an experienced attorney to handle your case. Your attorney will need to conduct a thorough investigation on your loved one’s death. If the cause of death involved criminal activity, police will also conduct their own investigation. Depending on the circumstances surrounding the death, some cases take longer to investigate than others. Once a lawsuit has been filed, the defendant’s attorney will do their own investigation. Once all investigations are complete, it will take time to determine the amount of damages and the expenses accrued as a result of the death. Most wrongful death cases are settled out of court. The time it takes to settle depends on the offers made and the willingness to accept offers. In some cases, the claims are brought to court and these can take years to settle.
Experience and Compassion
When a wrongful death occurs, you are thrust into the most unexpected of situations. While you are grieving the loss of a loved one, it is difficult to find the time to focus and worry about the compensation you may be entitled to. I have years of experience handling wrongful death suits and promise to provide you and your family with the dedication and care it takes to navigate through this tough time.