The Rockford Personal Injury Lawyers represent families of those that have unfortunately lost a family member or loved one to an incident stemming from the negligence of another. These have been work place injuries, trucking and auto accident cases, etc. Losing a loved one to an accidental death can cause severe family emotional pain and suffering, as well as extreme financial hardship. The emotional burden of the loss can make it very difficult to move forward and deal with the aftermath as well. You need trusted legal guidance from a knowledgeable Rockford Personal Injury Lawyers who understands the ordeal that you and your family are experiencing. Attorney Paul Marriett lost a family member to an auto-related accident that caused a fatality on an interstate highway when a vehicle became disabled and sent a heavy piece of semi-trailer equipment back into traffic, ultimately striking the driver of a passenger vehicle and causing an unexpected fatality.
Illinois law specifies who can file a wrongful death lawsuit and when they are able to do so. The Illinois Wrongful Death Act (740 ILCS 180/1) states that living spouses and next of kin may recover compensation for the wrongful death of their loved one.
The Illinois Wrongful Death Act provides that jurors “may give such damages as they shall deem fair and just compensation with reference to the pecuniary injuries resulting from such a death, including damages for grief, sorrow, and mental suffering, to the spouse and next of kin of such deceased person” (740 ILCS 180/2). If proceeds are to be divided amongst multiple family members, the court will conduct a hearing to discover the degree to which each family member was dependent on the decedent if the surviving family members cannot agree to an exact percentage for each person.
Wrongful death cases are more complicated than normal personal injury case, and having a lawyer that you can trust is even more important. You need a lawyer that can connect with jurors to tell them about your loss and a lawyer that is comfortable asking the jury for a large award to make up for your loss. These cases are certainly an issue when the topic of tort reform is mentioned in popular culture. The possibility of a large award from a jury is not only possible, but frequently occurs in matters where the negligent action(s) of another cause the death of a victim. For more information, or for a detailed analysis of what can be recovered, please contact us at your convenience for a free, no obligation, and confidential consultation.
In Illinois, a wrongful death lawsuit must be filed within the time limit set by the “statute of limitations” for the underlying type of case, or within one year of the date of the deceased person’s death, “whichever date is the later,” according to 735 ILCS 5/13-209. So depending on what the cause of action is, there may be a longer time period available to file a lawsuit. Cases like medical malpractice may result in a lengthier time for example since certain types of cases may not have the clock start running until the injury is ascertained. Additionally, cases involving minors may have a different one year timeline as well.
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At the offices of Rockford Personal Injury Lawyers, we understand that surviving members of a deceased family member will have questions about their legal rights following a crash or other accident that results in a family member dying. We are committed to helping injured drivers, passengers, pedestrians, and surviving family members understand these rights and how they may be able to obtain compensation to cover damages such as medical bills and lost wages, loss of consortium, and pain and suffering. Depending on the details of the crash, you may be able to seek compensation through insurance claims or a lawsuit against a negligent driver and his/her insurance provider.