Who Can File a Wrongful Death Lawsuit in Chicago?

Illinois law allows the immediate family and, potentially, other relatives of the decedent to file a wrongful death lawsuit. Although all states have their own set of laws on wrongful death claims, they all allow immediate family members to initiate a lawsuit. 

In Illinois, immediate family members may indeed file a wrongful death claim, but they must be the decedent’s personal representative.

A personal representative is the legal title given to someone trusted to act as an executor. It’s customary for adults, especially those with substantial wealth and assets, to name an executor who will carry out the terms of their will. As such, the personal representative may or may not be a blood relative of the decedent.

What if the decedent did not prepare a will or name an executor before their death? The court can assign a decedent’s representative, and they often pick from among the surviving family members. Here are the most common choices:

• Spouse
• Parent
• Adult child (may or may not be the eldest)
• Siblings (if the parents are deceased and the decedent is unmarried and has no children)
• Grandparents, grandchildren, or other distant relatives (if there are no other next of kin)
• People who relied on the decedent for financial support

Can a friend hire a wrongful death attorney in Chicago and file a wrongful death lawsuit on behalf of the decedent? Unless they are the decedent’s executor or were given power of attorney before the decedent’s death, then no, friends cannot file a case. Regardless, even if a friend is permitted to file the wrongful death suit, they cannot personally recover damages for the death of their friend. 

The purpose of a wrongful death lawsuit is to seek damages in the form of financial compensation. Therefore, in general, only immediate family members and/or other relatives can recovery damages for wrongful death. 

Beneficiaries for Wrongful Death Claims

Knowing who can file a wrongful death lawsuit in Chicago is important because it affects who receives the damages awarded by the court.

According to Section 2 of the 740 ILCS 180/2, the amount received in a wrongful death claim will be “for the exclusive benefit of the surviving spouse and next of kin” of the deceased. Moreover, the court may decide how to distribute the compensation among the surviving spouse and next of kin.

This explains why the right to file a wrongful death lawsuit is first awarded to the immediate family, as they are the ones to receive compensation from the people or entities responsible for their loved one’s untimely death.  

The deceased’s estate may also receive compensation for lost wages, damaged property, grief and suffering, medical expenses bills – claims the decedent would have filed themselves if they did not succumb to their injuries; but the lawsuit will be under the Illinois Survival Act. This is called a survival action, rather than a wrongful death action. However, both claims can be pursued. 

What if the decedent’s executor or personal representative is not a next of kin? Based on this section of the Wrongful Death Act, they are unlikely to get any compensation. However, there could be an exception if they are legal dependents of the decedent.

What if the decedent has no immediate family? The compensation will pass to the next of kin. Unfortunately, things can get complicated because Illinois law identifies “next of kin” as the next closest blood relation (as defined by the Probate Act of 1975). 

Below is the order in which Illinois law recognizes the closest next of kin:

• Immediate family: Spouse and children
• Next of kin
  • First: Grandchildren
  • Second: Parents and siblings
  • Third: Nieces and nephews
  • Fourth: Grandparents

The disadvantage of the “next of kin” rule is it tends to disregard the decedent’s pre-existing relationships (or the lack thereof) with distant relatives. Even if the decedent were on bad terms with an estranged sibling or spouse, for example, the latter could receive compensation instead of a fourth cousin with whom the decedent had a genuinely close relationship.

Statute of Limitations for Wrongful Death in Chicago

The state of Illinois has a two-year window from the day of the decedent’s passing to file a wrongful death claim. If the personal representative doesn’t press charges within the year, they will generally lose the chance to demand compensation from the people or entities responsible for their loved one’s death. 

There are exceptions to this rule:

• If the decedent died because of violent intentional conduct, the statute of limitations is five years from the date of death. 
• If a criminal trial is held first, the personal representative can follow up with a wrongful death claim one year after the conclusion of the criminal case.

Initiating legal action while grieving is understandably hard for many. While no money can compensate for the pain of losing someone you love, it is a form of justice for surviving family members. The damages can also lessen the financial burden of medical, funeral costs, and potentially lost income. Therefore, the immediate family of an accidental death victim must find an experienced wrongful death lawyer as soon as possible. 

What Can a Wrongful Death Lawyer Do?

Recall that the purpose of filing a wrongful death claim is to seek compensation against the responsible party. Thus, a wrongful death suit is a civil action which means the goal is to seek financial damages (unlike a criminal action, which seeks to punish the convicted party by sentencing them to a jail term or other lawful punishment). A wrongful death lawyer, therefore, will demand a monetary recovery and urge the court to grant the surviving family maximum compensation.

Here’s what a wrongful death attorney in Chicago does when filing a claim:

• Take the lead in a wrongful death claim or survival action
• Investigate the events leading to the decedent’s death
• Collect evidence proving the defendant negligently caused the decedent’s death
• Determine the full extent of the losses the decedent and their dependents experienced
• Determine the maximum potential value that surviving family and/or estate deserves as compensation
• Review the decedent’s existing insurance policies and handle settlement negotiations with the insurance company
• Negotiate damages with the defendant’s attorneys and/or insurance company
• Take the case to court if necessary

Having an experienced wrongful death attorney in Chicago as your legal representative can give you a significant advantage and increase your chances of receiving the compensation you deserve. You’ll want a clever legal representative who fiercely negotiates for the best outcome for you.

A top wrongful death lawyer is vital when the cause of death is from medical malpractice. A Chicago medical malpractice lawyer would have to prove that the doctor, nurse, and/or hospital responsible for the decedent’s care had been negligent and caused their death. If you are a personal representative and next of kin of a victim of medical malpractice, file a wrongful death claim with the help of an experienced Chicago medical malpractice lawyer.

Kroot Law Fights for Your Right to Fair Compensation

As the immediate family or next of kin of a wrongful death victim, you have every right to receive compensatory damages from the people or entities responsible for your loss. Kroot Law, a Chicago medical malpractice and personal injury firm, can help. 

We have years of experience filing civil lawsuits involving wrongful death in Illinois. Whether it’s medical malpractice, nursing home liability, automotive, aviation accidents, or other injury claims, our personal injury lawyer is one of the best people to represent you. Contact us today to schedule a free consultation.

But emotional distress is just one of the many problems surviving families of wrongful death victims experience. There are also funeral and burial expenses to contend with, plus the long-term impact on the family’s quality of life if the decedent provided important financial contributions to the family. Therefore, as the distressed party, the family is well within their rights to hire a wrongful death lawyer and file a lawsuit. 

If a beloved family member or relative dies as a result of another person’s negligence, hiring an experienced Chicago wrongful death lawyer should be a priority. Winning a wrongful death lawsuit will bring justice to your loved one’s death, secure financial compensation for your loss, and prevent the people responsible from committing the same mistakes and putting others in peril in the future. 

What Is Wrongful Death?

A wrongful death occurs when a person dies because of someone else’s negligence or misconduct. 

Illinois defines wrongful death in its Civil Liabilities (740 ILCS 180/) Wrongful Death Act as the death of a person “caused by wrongful act, neglect or default.” The victims sustained fatal injuries because of these acts, causing untimely deaths.

The following are examples of common causes or incidents that can lead to wrongful death:

• Motor vehicle accidents
• Pedestrian and bicycle accidents
• Medical malpractice
• Workplace accidents
• Premises liability accidents
• Accidental poisoning and overdoses
• Drowning and boating
• Product defects

Notice that these events typically result in serious personal injury. It’s also not uncommon for a wrongful death lawyer to also specialize in personal injury law.

Wrongful Death Lawsuit: What You Need To Know

A wrongful death lawsuit is similar to a personal injury lawsuit, except the decedent can no longer pursue their own case, so it is up to the surviving family to find a Chicago wrongful death lawyer and file a claim. 

An attorney can explain the legal jargon and procedures, but if you want to have some background beforehand, below are some things you need to know.

A Civil Suit

Wrongful death is a civil cause of action because it’s often initiated by a private party, which in this case would be the surviving family members or relatives (in contrast to a criminal action, which is initiated by the federal or state government and requires the jury to establish guilt beyond reasonable doubt for a defendant to be convicted).

Relatives who have lost a loved one can file a civil wrongful death case regardless of whether the government pursues a criminal case against the defendant. The fact a defendant may be found not guilty in a criminal negligence case does not mean they cannot be found guilty in a civil case (e.g., drunk driving or involuntary manslaughter). This can happen for a variety of reasons, including the fact the burden of proof in a civil case is guilty by a preponderance of the evidence (meaning what is more probably true than not true) rather than guilt beyond a reasonable doubt.

People Who Can File a Wrongful Death Lawsuit

All states allow immediate family members to file a lawsuit on behalf of a decedent. However, some states have additional requirements or criteria for who can initiate the case.

Illinois law, for example, mandates that only a decedent’s personal representative or executor can pursue a wrongful death claim. If the decedent doesn’t have a legally-appointed personal representative, the court can appoint one, often the spouse, parent, or any surviving immediate family member.

Burden of Proof

Anyone wanting to take someone to court would need to choose the best lawyers, but an experienced attorney is especially crucial in a wrongful death lawsuit. This is because the burden of proof rests on the plaintiff, the camp of surviving family members. They must present sufficient evidence proving that the defendant is responsible for their loved one’s death.

If you live anywhere in Illinois, hiring an experienced Illinois wrongful death lawyer would be a crucial determining factor to win your case and receive financial compensation from the people responsible for your loved one’s death. 

Damages Can You Claim

Depending on the outcome of the case, the court may award the decedent’s executor or family members financial compensation for the following:

• Grief, emotional pain, and suffering
• Any bills incurred for the decedent’s emergency treatment, hospitalization, ambulance transport, etc.
• Burial and funeral expenses
• Lost wages and benefits if the decedent supported the family and other dependents
• Loss of education for the decedent’s children
• Loss of companionship for the decedent’s spouse, partner, and family members

In Illinois, the court permits damages among the surviving spouse, children, and/or next of kin. If the case goes to the jury, the distribution will depend on how the jury assigns damages to each of the rightful heirs.

Other states have different rules for the distribution of settlement. For example, some award the damages to the declared heirs, while others follow their intestacy laws if the decedent didn’t have a will.

Wrongful Death Claims Are Often Settled, Not Tried

In most cases, wrongful death cases no longer go to trial. However, since the lawsuit’s goal is to demand compensation from the responsible party, expect your wrongful death lawyer to seek a settlement.  

This is also why you need a competent, experienced, and determined Chicago wrongful death lawyer who will demand the highest compensation applicable to your case. Of course, nothing can fully compensate for your loss, but financial reparations can relieve some of the financial burdens you may have to face following your family member or relative’s untimely death. 

Statute of Limitations

There is a time limit, starting from the day of the decedent’s death, for their representative or family members to pursue a wrongful death claim. The statute of limitations in Illinois is generally two years from the day of death; beyond that, a court may no longer allow representative or family members to ask for civil damages from the responsible party.

However, if the cause of death was “violent intentional conduct,” the surviving family can pursue damages within five years from the day of death. 

Seek Justice for Your Loved One With Kroot Law

It’s emotionally tolling to have to go through a legal battle while grieving the sudden death of a family member. But you don’t have to carry this burden alone. If you have a proficient Illinois wrongful death lawyer by your side, your family can get just compensation.

Kroot Law is ready to assist and provide fierce legal assistance to the surviving family and personal representatives of wrongful death victims in Chicago and the rest of Illinois. We have successfully represented plaintiffs in wrongful death, personal injury, and medical malpractice cases. Whether you’re aiming for a settlement or want to pursue a trial, our capable and empathetic team, led by Atty. Jason M. Kroot will work tirelessly to secure the compensation you deserve.

Contact Kroot Law at (312) 543-0030 or schedule a free consultation on our website.

With virtually all same-day surgery procedures, the most significant risk is from the anesthesia. Although there are many forms of anesthesia, general anesthesia poses the greatest risk of serious injury or wrongful death. Indeed, most medical malpractice lawsuits stemming from anesthesia error involve general anesthesia. Common general anesthesia complications are from aspiration, changes in vital signs, and adverse reactions to anesthetic.

Regarding adverse anesthetic reactions, the most significant and potentially fatal condition that can develop is called malignant hyperthermia (or MH). This occurs when a patient’s body temperature rapidly increases and causes muscle rigidity. With proper management, many patients will experience a full recovery. Without proper management, patients can and do die from MH.

An expert panel from Penn State College of Medicine recommends that all ASCs develop policies for managing malignant hyperthermia. One key guideline recommended by the panel is that ASCs develop plans for immediately transferring patients who experience MH to a nearby hospital for more advanced care. According to the report, MH patients must be immediately transferred to a hospital that is equipped to provide critical care crisis management. After all, most ASCs do not have the ability to manage potentially life threatening anesthesia complications like MH. The panel also recommends that ASCs implement guidelines on giving immediate muscle relaxant medication to MH patients before transfer. After all, for every 30 minutes of delayed muscle relaxant medication to patient with MH, the risk of serious complication doubles.

Although relatively rare, anesthesia complication can be very serious if not fatal. Consequently, any patient with a history of anesthesia complications or who is otherwise at increased risk of anesthesia complication should strongly consider having any surgery involving anesthesia at a hospital rather than an ASC. Indeed, any patient considering surgery that involves general anesthesia should do their homework before blindly agreeing to have their surgery performed at an ASC. Although many ASC have excellent medical staff, few can handle major anesthesia complications as well as competent hospital.

Sources Used:

Medical News Today Website, Guidelines For Managing Rare Anesthesia Complication At Ambulatory Surgical Center, January 3, 2012.

Wikipedia, Outpatient Surgery, January 3, 2012.

WebMd, Anesthesia Risks And Complications, January 3, 2012.