Just like other types of lawsuits, wrongful death lawsuits are subject to strict rules and requirements under Illinois law. For grieving families, following these rules and requirements is extremely important. Even in this scenario, the insurance companies will protect themselves by all means available, and this includes seeking to have families’ lawsuits dismissed on purely procedural grounds.
One of the procedural requirements for wrongful death lawsuits in Illinois pertains to who is eligible to file. Only certain individuals are eligible to file wrongful death lawsuits in Illinois.
Keep reading to find out what you need to know, and then contact us for a FREE, no-obligation consultation about your family’s legal rights. Wrongful death claims can be complex, and require the knowledge and skill of a law firm with extensive experience in these matters. Our lawyers will listen to your story, assess the merits of your claim, and explain your legal rights and options.
The rules governing wrongful death lawsuits in Illinois are established in 740 ILCS 180, which is also known as the Illinois Wrongful Death Act. Regarding eligibility to file a lawsuit, the Illinois Wrongful Death Act states:
“Every such action shall be brought by and in the names of the personal representatives of [the] deceased person, and, except as otherwise hereinafter provided, the amount recovered in every such action shall be for the exclusive benefit of the surviving spouse and next of kin . . . .”
As this makes clear, only the victim’s personal representative can file a wrongful death lawsuit under Illinois law. Of course, this raises another fundamental question: Who (or what) is a “personal representative”?
A personal representative is the individual who is responsible for administering a person’s final affairs after his or her death. Generally speaking, a personal representative can be appointed in one of two ways:
If your loved one left behind an estate plan, your family’s wrongful death lawyer can assist with identifying his or her designated personal representative. If your loved one did not leave behind an estate plan, your family’s wrongful death lawyer can assist with having a personal representative appointed through the probate process. In either scenario, your family’s lawyer can then work with this individual to seek justice on your family’s behalf.
Importantly, just because your loved one’s personal representative is the only one who is eligible to file a wrongful death lawsuit in Illinois, this does not mean that your loved one’s personal representative is the only one who is eligible to receive financial compensation. Instead, as noted in the statutory language quoted above, any compensation recovered through a wrongful death lawsuit must be distributed to the victim’s “surviving spouse and next of kin.”
While the Illinois Wrongful Death Act does not define “next of kin,” this generally includes children, parents, and other dependents. The statute provides that the damages recovered in a wrongful death lawsuit must be distributed, “in the proportion, as determined by the court, that the percentage of dependency of each such person upon the deceased person bears to the sum of the percentages of dependency of all such persons upon the deceased person.”
If an accident victim does not have a surviving spouse or next of kin, then any damages awarded would instead be paid to the personal representative and the victim’s healthcare providers that provided treatment for the victim’s fatal injuries prior to death (if any). As a practical matter, however, this exception rarely applies. If your family’s wrongful death lawsuit is successful, your family’s lawyer will be able to assist with ensuring that the settlement or verdict gets distributed to the appropriate parties.
Do you need to know more about filing a wrongful death lawsuit in Illinois? If so, we strongly encourage you to get in touch. An Illinois wrongful death lawyer at our firm will be more than happy to help you understand your situation and assist your family with taking legal action, if warranted.
Contact the Chicago wrongful death lawyers at Coplan + Crane today online or at 312-982-0588 for a FREE case evaluation. We help clients across Illinois, including Chicago, Oak Park, Rockford, and other areas. We handle wrongful death cases on a contingency basis, which means you don’t pay unless we win.
