Waukegan Wrongful Death Statute of Limitations

When you lose a loved one because of someone else’s negligence, it can cause a great deal of stress across every area of your life. Not only do you have to worry about their final arrangements, you may need to navigate figuring out how to rearrange your life and responsibilities now that your loved one is gone. With so many things taking place, you may struggle to navigate the wrongful death claim process.

However, the Waukegan wrongful death statute of limitations lays out how long you have after your loved one’s death to file a claim. Failure to meet those deadlines means that you may no longer have the right to file a claim and the court will not hear it, even if your case clearly has merit. A local wrongful death lawyer can help you determine how to best navigate the claim process and how much compensation you should expect. That includes understanding and assigning worth to your loved one’s lost income, the loss of services they performed for your family, and the anguish your family has dealt with as you cope with that loss.

The Statute of Limitations Following the Death of a Loved One

For individuals in Waukegan who plan to file a wrongful death claim after losing a loved one due to negligence, the statute of limitations is two years. After that point, the courts will no longer hear the case, so filing as early as possible is essential.

The two-year statute of limitations does not mean that families should wait that long before reaching out to a lawyer. The sooner they get in touch with a personal injury attorney, the sooner that attorney can begin working on their behalf, and the better outcomes often are.

Exceptions to the Wrongful Death Statute of Limitations

Fortunately, some exceptions do exist to the wrongful death statute of limitations. Those exceptions can provide families in certain situations with more time to file a claim after losing a loved one.

Violent Intent

If the death was caused by violent intent, then Illinois allows the family to have up to five years after the date of the death to file a claim. In cases where there is a criminal case, the family may have up to one year after the case concludes to file a claim.

Discovery Rule

In some cases, it may prove difficult to establish why the death took place. If the family did not discover the cause of death immediately, the statute of limitations may begin on the date the family reasonably discovered the caused of death, rather than on the date they lost their loved one. That includes cases of medical malpractice.

Claims by a Minor

If the family member who had the right to file a wrongful death claim for the loss of a loved one was a minor at the time, the statute of limitations may begin counting when the minor turns eighteen. That includes, for example, cases in which the deceased’s children are the closest living relatives at the time of their death.

Contact a Waukegan Lawyer to Discuss the Waukegan Wrongful Death Statute of Limitations

If you have questions about the wrongful death statute of limitations, including questions about whether you have an exception that may give you more time to file your claim, a Waukegan lawyer can help you learn more about your rights. At Schlack & Bassmaji, we offer supportive, bilingual attorneys who can provide you with more information about how to file a wrongful death claim and the compensation you can expect. Contact us for your free consultation.