Losing a loved one is never an easy experience. When someone dies of illness, for example, it is difficult. However, when someone dies purely because another person was negligent it can seem very unfair because his or her death could have been prevented.
In the state of Illinois, when a death is caused by neglect, a wrongful act, or the fault of another person, a wrongful death suit in Palatine can be brought forth. A wrongful death lawsuit is a civil lawsuit that is filed by either the family or friend of the deceased, the estate of the deceased person, or an interested third party. The liability is expressed entirely in monetary damages. In some situations, wrongful death can also result in criminal charges. Criminal charges differ from the civil case in that the charges are filed by the state and penalties can include prison time.
In Illinois, the law allows for a wrongful death claim to be filed by the next of kin, a friend, a personal representative of the deceased person’s estate, or an unrelated third party. Family members who can seek compensation may include the following:
If no immediate family is living, or if the person who has died had no will, anyone who might have inherited the person’s estate can be eligible to receive damages in the wrongful death lawsuit. This could include aunts, uncles, and cousins.
Once the estate or family member establishes that the other person is legally liable for the death of the deceased person, the court can award monetary damages to the estate. Damages that may be awarded include:
Illinois law requires that wrongful death claims be filed within two years from the date of death of the person. If a case is not filed in that time, the right to file such a claim can be lost forever. Due to this time constraint, it is imperative that if you have lost a loved one due to the negligence of someone else, you contact a Palatine wrongful death attorney as quickly as possible.
The attorneys at SAM LAW OFFICE, LLC, have experience handling wrongful death cases in Palatine and can help you be sure that you receive all the compensation to which you are entitled. While a lawsuit can never replace your loved one, it can help relieve the financial burden due to your loss. Contact them today for a consultation.