Suddenly losing a loved one is often a devastating experience. People who expected to spend a lifetime with a family member suddenly have that time cut short. Car crashes, violence and even unsafe property conditions can all lead to preventable, premature mortality.
The people affected by a tragedy typically experience significant personal and emotional consequences. Frequently, they want closure or justice for the damage caused by another person or possibly a business. A wrongful death lawsuit is one of the legal options available to those harmed by a recent tragedy.
Under state law, it is possible to hold a business or individual responsible for negligence or misconduct that causes the death of another person. The law imposes several other limitations on wrongful death lawsuits, including restrictions on who can file. Who can seek justice through the civil courts when a person dies unexpectedly?
Immediate family members typically file
The wrongful death statute in Illinois allows affected family members to file wrongful death lawsuits on their own behalf. In some states, the personal representative of the deceased individual’s estate files the lawsuit on behalf of surviving family members. In Illinois, those affected by a tragedy can take direct action on their own behalf.
Typically, those with the closest legal or familial relationship have the option of initiating wrongful death litigation. In many cases, the surviving spouse of the deceased individual might file the lawsuit. Other times, their children might take legal action.
Parents can also file wrongful death lawsuits in cases where the deceased individual was young and did not have a spouse or children. In rare circumstances where there are no family members to take action, it may then be possible for the representative of the estate to file a wrongful death lawsuit.
Grieving families can request financial compensation for the economic impact of a tragedy. A successful lawsuit can also give them a sense of closure by officially declaring the other party as responsible for the tragedy.
Reviewing the circumstances regarding a recent loss with a skilled legal team can help surviving family members determine if they can pursue a wrongful death lawsuit. Timely litigation can go a long way toward helping people recover after an unexpected death caused by another’s negligence or wrongdoing.