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A wrongful death action is a civil lawsuit that gives you the chance to recover compensation following the unexpected loss of a loved one. If their death was the result of an act of negligence, you could be entitled to damages.
If you have questions about filing a Waukegan wrongful death action, now is the right time to ask. Your family might be entitled to compensation, but there are key factors to consider before you move forward with a lawsuit. Reach out to our compassionate wrongful death attorneys to discuss your options.
In Waukegan and around Illinois, wrongful death actions can only be filed by specific parties. Instead of surviving family members, only the personal representative of the deceased person’s estate may bring the lawsuit. This representative is often named in the will, but if no will exists, the court may appoint a spouse, adult child, or another close relative to serve in this role.
Although the personal representative files the action, the lawsuit is brought for the benefit of the surviving family members. Damages awarded in a wrongful death case are distributed to eligible relatives, such as the surviving spouse and children, or, if none exist, to parents or other next of kin.
This ensures the claim is managed through the estate while directing compensation to those most affected by the loss, helping families recover from the financial and emotional impact of a wrongful death.
In Waukegan, families filing a wrongful death lawsuit must act within a strict deadline known as the statute of limitations. Generally, a wrongful death action must be filed within two years from the date of death. If the case involves medical malpractice, the time limit may be shorter making it essential to be aware of the exact circumstances.
Failing to file within this period can permanently bar the surviving family from recovering compensation, no matter how strong the underlying case might be. Because of the risk of evidence being lost over time, starting the legal process promptly also improves the chances for success.
While grieving families may feel overwhelmed, understanding this timeline is crucial. Filing within the deadline may be the only way to hold the at-fault party accountable for the death of your loved one.
Wrongful death actions are a type of civil lawsuit. If your case is successful, that means the available remedy is financial compensation and the specific value of the case will depend on an array of factors. While there is no way to predict with certainty what a case might be worth, our firm can answer your questions about the types of damages you might recover.
The damages available in these cases must be “fair and just” under state law, but this vague standard is not always easy to apply. In most situations, a lawsuit will seek damages based on:
Our personal injury attorneys can evaluate a wrongful death case and advise you on which of these types of damages might be available to you.
There is no easy way to face the loss of a loved one. It is important to focus on your family and resolving your grief, even if it means putting your potential civil claim in the hands of an experienced attorney. Our firm is here to focus on these claims while you grieve. Reach out to our bilingual team as soon as possible to learn about filing a Waukegan wrongful death action.