If someone else’s careless actions caused the death of your loved one, a Naperville wrongful death attorney can help you fight for the compensation you deserve.
In nearly any situation where a death is caused by someone else—whether it’s a car accident, motorcycle wreck, truck collision, or some other deadly event—the death may be “wrongful,” meaning you can seek compensation through a wrongful death claim. Although a lawsuit can seem overwhelming with all your grief, it could be your best chance to keep your family afloat during this difficult time.
At Lane & Lane, LLC, we are dedicated to helping surviving family members obtain the funds they need to move forward with their lives after such a devastating loss. You can rest a little easier knowing that a Naperville wrongful death lawyer will be working hard to build your case.
How Long You Have to File Your Wrongful Death Claim
Once you’ve decided to file your wrongful death claim, you need to make sure you do so before the statute of limitations runs out. The law is clear—you have a minimum of one year from the date of your loved one’s death to file the claim.
However, the statute of limitations for Illinois wrongful death claims can get a little murky, as the amount of time you have depends on the underlying cause of death. For example, if the decedent’s death was caused by the negligent actions of another, then the death is considered a personal injury case, and you’ll have up to two years to file your claim in court.
Your Naperville fatal accident lawyer will be able to tell you how quickly you need to act. It’s important that you do not miss the deadline. If you do, the court system will bar you from filing a claim after that date.
Only Certain Parties Can Pursue Fatal Accident Damages
After you’ve discovered how long you have to file your claim, you need to make sure you have the right to do so. Only the personal representative of the decedent’s estate can file a wrongful death claim in Illinois.
This could be the surviving spouse, adult children, parents, or even someone who isn’t biologically related to them—it all depends on the decedent assigned to represent their estate. If they didn’t have a representative when they passed away, the courts can appoint the representative on behalf of the decedent.
Get the Most Out of Your Case
You’ll want to make sure you go over each way your life has been influenced by the passing of your loved one if you are the one pursuing the claim. Your attorney will go over many different damages and consider the ones that apply to your family when calculating the value of your claim. You may be able to recover the following losses:
- Pain and suffering
- Medical expenses
- Loss of household services
- Funeral and burial expenses
- Mental anguish, grief, and sorrow
- Loss of companionship and love
- Lost wages and earning potential
There’s no reason why you should be expected to cover all of these losses while mourning the death of your loved one. The at-fault party should be compelled to provide the compensation you need to pick up the pieces of your life.
Consult a Naperville Wrongful Death Attorney
If you’re interested in discussing the details of your case with a top-rated Naperville wrongful death lawyer at Lane & Lane, LLC, you can schedule a free consultation by calling our office at 312-332-1400 or by filling out the brief contact form below.