The Importance of Acting Quickly in a Wrongful Death Situation

 Posted on June 29, 2022 in Wrongful Death

The sudden passing of a loved one leaves those left behind grieving and searching for answers. If the intentional or negligent behavior of another individual caused death, it is only right that the at-fault party is held accountable. The unexpected medical, funeral, and other associated costs can take a financial toll on even the most economically stable families. One possible option is to file a wrongful death claim against the person or persons responsible for the death. It is imperative to take action as soon as possible to better the chances of a strong case.

Statute of Limitations

Personal injury claims, including wrongful death suits, have a set limit within the state of Illinois during which you can file against a defendant. After the allotted time passes without a claim, no new litigation is applicable. Each state determines its statutes, and in Illinois, the statute of limitation for most wrongful death actions is two years from the date of the person’s death. If the death was caused by “violent intentional conduct,” the statute of limitations is five years from the date of the death. If the legal process begins before the limit passes, the suit may continue.

Integrity of Evidence

It is no secret that time changes everything. Waiting for two years until the end of the statute of limitations is ill-advised if it is preventable as a broken railing is replaceable, or a cell phone exchanged for a newer model. Many of the important factors necessary to win such a case become increasingly difficult to secure with each passing day. Unlike a homicide case, a wrongful death claim is not thoroughly investigated by local law enforcement, as it is not a criminal issue but a civil matter.

The duty to find and build a case falls on the attorneys and the victims of the case. Four things must be provable to better the chances of a successful claim, including:

• The defendant owed a duty to the decedent.
• The accused breached the obligatory duty.
• The breach directly caused the death of the victim.
• There were losses incurred due to the death.

Your attorney can help you understand what will need to be shown in your particular case.

Explore Your Options With the Help of an Illinois Wrongful Death Lawyer

If you are the spouse, domestic partner, child, a dependent, or someone entitled to the decedent’s property, you may be eligible to pursue a wrongful death claim. Funeral expenses, medical bills, burial costs, and future lost wages for the family are all a portion of recoverable damages in a wrongful death claim.

For more information about wrongful death actions in Illinois, contact an experienced Arlington Heights personal injury lawyer at Newland & Newland, LLP. Call 847-797-8000 for a free consultation and case review today.

Source:

https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2059&ChapterID=57