If you lost a loved one because of the negligence or intentional conduct of another party, you are likely experiencing a lot of complications in your life and emotions. You may be making final arrangements for your loved one while also wondering how you will be able to support your family alone. In the midst of your grief, days may start to blend together and years can go by before you know it. While you may realize you may be able to seek damages for wrongful death, this is likely not the first thing on your mind during this challenging time.
Nonetheless, Illinois law has strict statutes of limitations that you must comply with for you to receive this type of compensation. For many families, the general statute of limitations is too fast when they are grappling with serious issues in their life. This is one reason why it is essential to reach out to an experienced Chicago wrongful death lawyer at Rapoport Weisberg & Sims P.C. as soon as possible. A lawyer can inform you of the time limit that applies to your case and ensure that you meet all deadlines so you can focus on your grief and family. Call us today to learn more about how we can help.
What Is a Statute of Limitations?
A statute of limitations is the amount of time someone has to take certain legal action. For example, statutes of limitations can require prosecutors to file criminal charges within a certain period of time after a crime is committed. Claims from debt collectors must be filed within a certain amount of time that the customer took action on the account. Car accident victims must file a personal injury lawsuit within a certain period of time to reserve their right to recover financial compensation for their losses.
Consequences of Not Taking Action by the Statute of Limitations?
If you do not take the required legal action before the statute of limitations expires, the court can immediately dismiss any case you file after the deadline without hearing the merits of the case and regardless of how clear the defendant’s liability was. This can prevent you from receiving the compensation you could use for funeral and burial expenses, lost financial support, and other financial consequences you experience because of your loved one’s death. It can also prevent you from receiving any justice or accountability for the loss of your loved one.
General Rule for the Illinois Wrongful Death Statute of Limitations
The Illinois Wrongful Death Act provides a two-year statute of limitations that applies to most wrongful death cases. This means that, in most cases, you would need to file a wrongful death lawsuit before the second anniversary of your loved one’s death.
Special Rules for the Illinois Wrongful Death Statute of Limitations
Like with every rule, there are exceptions to the two-year wrongful death statute of limitations in Illinois. Some exceptions include:
Minor Beneficiary
If the next of kin of the decedent is a minor, they can bring the action within two years of their 18th birthday.
Criminal Victims’ Escrow Account
If the wrongful death was due to a crime committed by the defendant and an escrow account was established under the Criminal Victims’ Escrow Account Act, the action can be brought within two years of when the account was established.
Violent Crime
If the death was due to a violent and intentional crime such as any of the following as defined under applicable Illinois law, the statute of limitations is extended:
- First-degree murder
- Intentional homicide of an unborn child
- Second-degree murder
- Voluntary manslaughter
- Reckless homicide or involuntary manslaughter
- Voluntary manslaughter, reckless homicide, or involuntary manslaughter of an unborn child
- Drug-induced homicide
In these cases, a wrongful death claim can be brought within five years of the date of death caused by any of the means listed above or within one year of the final disposition of the criminal case in which the defendant is charged with any of the crimes listed above. The extended time limit to file a claim only applies to a case against the criminal defendant, not any other person or entity.
Cases Involving a Physician or Hospital
Illinois has a discovery rule that applies to cases involving medical malpractice. In these cases, the plaintiff has two years to file a lawsuit against a physician or hospital that provided negligent medical care. But instead of the two years beginning from the date of the act of negligence, the window begins after the plaintiff discovered it or reasonably should have discovered it. However, the plaintiff cannot file a lawsuit more than four years after the negligent act occurred.
Government as Defendant
The discovery rule also applies in cases in which the government or a government employee is a defendant. The plaintiff has two years from the date they discovered or reasonably should have discovered the negligent act that caused their loved one’s death. However, they cannot file a wrongful death lawsuit more than four years after the negligent act occurred, even if they only discovered it at that time.
FAQs About the Illinois Wrongful Death Statute of Limitations
What Exactly Is a Wrongful Death?
A wrongful death is a death that occurred because of a wrongful act, neglect, or default. Some examples of situations that can cause a wrongful death include:
- Aviation accidents
- Boat accidents
- Car accidents
- Mass shootings
- Medical malpractice
- Murder
- Premises liability accidents, including inadequate surveillance
- Truck accidents
An experienced Chicago wrongful death lawyer can review your case and determine whether you have ground to file a wrongful death claim.
Who Is Responsible for Filing a Wrongful Death Lawsuit in Illinois?
The Illinois Wrongful Death Act requires any wrongful death lawsuit to be filed in the names of the personal representatives of the estate. This could be the person named in your loved one’s last will and testament, or the court could appoint a person specifically to carry out this responsibility. While the personal representative files the lawsuit, any damages are awarded for the benefit of the surviving spouse and the decedent’s next of kin, such as their children or parents.
How Do You File a Wrongful Death Lawsuit in Illinois?
Filing a wrongful death lawsuit in Illinois requires that you (or your legal representative) do the following:
- Investigate the death to determine who the at-fault parties are
- Prepare a complaint that sets out the facts regarding your loved one’s death, how the named defendant is responsible for the death, and the compensation you are requesting the court award you
- Prepare a summons to notify the defendant of the pending legal action
- File the complaint and summons in the appropriate court
- Provide proper legal notice to the defendant(s)
This is just the beginning of the case. There are many more complex aspects of the case, which is why it is essential to work closely with an experienced Chicago wrongful death lawyer who can handle the legal aspects of your claim while you focus on your healing.
How Long Does a Wrongful Death Claim Take?
Two years might seem like a long time to file a lawsuit, but there is a lot that goes into building a claim, including:
- Thoroughly investigating the accident to determine how it happened, factors that contributed to it, and parties responsible for it
- Gathering evidence to establish liability
- Interviewing witnesses
- Calculating the full extent of your damages, which may include speaking with mental health professionals, employers, or expert witnesses
- Requesting medical records, death certificates, and other documents
- Contacting the relevant insurance companies and trying to negotiate an out-of-court settlement
It is better to contact a wrongful death lawyer as early in the process as possible so they can try to negotiate an out-of-court settlement for you. If this is not possible, they can then file a lawsuit on your behalf.
How Do I Prove My Loved One’s Death Was a Wrongful Death?
To win a wrongful death case, you must be able to prove the following legal elements:
- The defendant owed your loved one a duty of care
- The defendant breached the duty of care
- The defendant’s breach of the duty of care caused your loved one’s death
- You suffered damages as a result of the death
The evidence you will need to prove these elements will depend on the nature of the case and the factors surrounding your loved one’s death. Possible evidence may include:
- Accident reports
- Police reports
- Photos or videos of the accident scene
- Physical evidence, such as DNA, clothing, or skid marks
- Cell phone records
- Personnel records
- Electronic data recorder information
- Witness statements
- Testimony from expert witnesses
- Medical records
An experienced lawyer can identify the evidence that can help establish your claim and work to secure it.
Contact Our Compassionate Chicago Wrongful Death Lawyers
If you recently lost a loved one and are considering filing a wrongful death claim, consider reaching out to the compassionate Chicago wrongful death lawyers at Rapoport Weisberg & Sims P.C. We provide a free consultation where we can discuss your situation, answer your questions, and explain your legal options. Contact us today to learn more.
