Springfield Wrongful Death Lawyer
Nobody expects to lose a loved one in an accident, and these deaths are often especially devastating since they could have been prevented. While it may feel nearly impossible to consider the possibility of a lawsuit when you are dealing with the emotional and physical losses of your loved one, a civil lawsuit is often very important to hold the at-fault party accountable and to ensure that the deceased’s loved ones have the financial support they need. To seek compensation in the aftermath of a fatal accident, you will need to learn more about filing a wrongful death claim in Illinois. Contact our experienced Springfield wrongful death lawyer today for more information about getting started on a wrongful death lawsuit.
Understanding Wrongful Death Versus Personal Injury Cases in Springfield
Wrongful death law is similar to personal injury law, but there are some key differences between these types of lawsuits. With a personal injury lawsuit, Illinois law recognizes the right of an injured person to file a claim against the party who is liable for the harm they have experienced. Yet when a person sustains fatal injuries, they cannot file a lawsuit themselves. In these circumstances, Illinois law recognizes the right of another party to take the place of the deceased, metaphorically, to file a claim.
Some states permit surviving family members to file wrongful death claims, but Illinois wrongful death law requires the personal representative of the deceased’s estate to be the party who files the claim. When the personal representative of the deceased’s estate files a wrongful death lawsuit, they will seek damages on behalf of surviving family members, such as a surviving spouse and surviving children. Those damages can include compensation for a range of losses, including but not limited to:
- Funeral expenses and burial costs;
- Financial support the deceased would have provided;
- Loss of companionship of the deceased;
- Loss of education and care the deceased would have provided to surviving children; and
- Mental suffering of the surviving family members.
Timeline for a Springfield Wrongful Death Claim
Wrongful death lawsuits have a two-year statute of limitations, similar to personal injury lawsuits in Illinois. However, there is an important difference to understand. Whereas the clock on personal injury lawsuits will start “ticking” on the date of the injury, the clock starts ticking in a wrongful death claim on the date of the deceased’s death.
There are also some important exceptions to know about. There is an extended timeline for cases where the wrongful death resulted from an intentional violent act, as well as in claims where a criminal case is pending. To determine whether an extended statute of limitations may be applicable to your case, you should consult an attorney.
Contact Patel Law, PC Today
Wrongful death cases can be complicated and difficult emotionally, but they are extremely helpful to surviving family members in providing closure by holding the t-fault party accountable and compensation for significant losses. The advocates at Patel Law, PC are here to help you get started on a wrongful death case and to answer any questions you have. Contact our experienced Springfield wrongful death lawyer today.
