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HomeBlogPersonal InjuryWho Can File a Wrongful Death Claim in Illinois?
23 September, 2023

Who Can File a Wrongful Death Claim in Illinois?

In the unfortunate event of a loved one’s death, if you believe their death was caused by the negligence or intentional act of another party, what legal recourse do you have? This is where wrongful death claims come into play, which is a legal avenue available for those who have lost a loved one due to someone else’s fault. But the question arises, who has the right to file such a claim in Illinois? Let’s delve into this significant topic.

Understanding Wrongful Death Claims

Wrongful death claims are legal actions that can be filed when a person dies due to the negligence or intentional act of another party. These claims allow the survivors of the deceased to seek justice and financial compensation for their loss. The circumstances under which these claims can be filed are diverse – from medical malpractice to car accidents, product liability to workplace accidents.

However, not everyone is entitled to file a wrongful death claim. Each state, including Illinois, has its own laws governing wrongful death claims; hence the eligibility criteria and procedures may vary.

Who Can File a Wrongful Death Claim in Illinois?

In Illinois, the right to file a wrongful death claim primarily rests with the immediate family members of the deceased. Spouses, children, and parents of unmarried minors can seek redress through this legal action. They can claim damages for loss of financial support, companionship, and emotional distress that they’ve suffered as a result of the death.

Interestingly, the law in Illinois also extends this right to non-immediate family members. Siblings, grandparents, uncles, and aunts of the deceased may be able to file a wrongful death claim, depending on the circumstances.

Furthermore, putative spouses, who are individuals who believe they were legally married to the deceased, can also file a wrongful death claim in Illinois. This provision recognizes the emotional and financial bonds that exist in relationships, even if they are not legally recognized marriages.

Additionally, estate representatives appointed by the court can file a wrongful death claim on behalf of the deceased person’s estate. This is particularly relevant when the deceased person’s will or estate plan specifies this course of action.

The Role of Legal Counsel

To successfully navigate the complexities of wrongful death claims in Illinois, it is crucial to consult with an experienced personal injury attorney. They can guide you through the specific requirements and legal process for filing a wrongful death claim in Illinois.

The Horwit Law Group, a reputable personal injury law firm serving the people of Illinois, provides legal services for wrongful death claims. Our team has a history of success in obtaining financial compensation for clients, demonstrating our commitment and competence in handling such sensitive matters.

The process of filing a wrongful death lawsuit requires the claimant to prove that the death was caused by the negligence or wrongful act of another party. This often involves complex legal arguments and strong evidence. The Horwitz Law Group can assist in gathering the necessary evidence, building a strong case, and advocating for your rights in court.

Contact The Horwitz Law Group For Help

Losing a loved one is a devastating experience, and when it’s due to someone else’s negligence or wrongdoing, the pain is immeasurable. However, the law provides a way to seek justice and compensation for your loss. Understanding who is eligible to file a wrongful death claim in Illinois is the first step toward seeking this justice. With the help of a seasoned personal injury law firm like The Horwitz Law Group, you can navigate this challenging journey with confidence and assurance.

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$5,300,000.00

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$4,500,000.00

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$3,600,000.00

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$3,000,000.00

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$2,300,000.00

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$2,100,000.00

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$1,600,000.00

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$1,400,000.00

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$1,200,000.00

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$1,197,000.00

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$900,000.00

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$800,000.00

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$750,000.00

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$270,000.00

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