What is the statute of limitations for wrongful death in Illinois? In many cases, the state of Illinois gives families two years to file a legal claim following the loss of a loved one. However, exceptions exist in some cases.
You can learn more about the statute of limitations, exceptions to this regulation, and the effects of missing the statutory deadline with our team at the Morelli Law Firm. We’re ready to answer your questions and handle wrongful death cases.
Find out more by calling us or completing our online contact form.
What Laws Cover the Wrongful Death Statute of Limitations in Illinois?
The Wrongful Death Act in Illinois covers deadlines for these claims. In addition to setting the standard statute of limitations for these claims at two years, the Act also covers the state’s definition of wrongful death.
According to Illinois, wrongful deaths occur when someone dies due to another person’s default, neglect, or wrongful act. Generally, if your family member could have filed a personal injury claim if they survived the accident, your family could move forward with a wrongful death case.
A wrongful death lawyer in Illinois can review your situation to determine if you’re eligible to file a wrongful death claim and review the deadlines for your specific case.
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What Are Exceptions to the Wrongful Death Statute of Limitations?
The statute of limitations for wrongful death in Illinois is generally two years. However, the court alters this regulation in some cases. Circumstances that can change the statute of limitations include:
Acts of Medical Malpractice
The court system treats medical malpractice wrongful death cases differently. Generally, you can only file a claim on these cases if the act of medical malpractice that led to the death occurred less than two years before the loss of your loved one.
Ailments Caused by Asbestos
If an individual discovers they have an asbestos-related disease, they have two years from the date of discovery to move forward with a claim. If they ignore this deadline and later pass due to the effects of their illness, their family cannot generally bring a wrongful death claim.
Accidents Involving the Government
Lawsuits against public entities – such as the police department – have different statutes of limitations. In many cases, you only have a few months to move forward with a claim involving these entities.
Incidents Involving Criminal Charges
In many cases, wrongful death cases move through the civil court system. However, the individual who caused the deadly accident could also face criminal charges. Depending on the criminal case’s outcome, you could have longer to file your civil claim.
How Do You Comply with Illinois’ Wrongful Death Statute of Limitations?
Your family can adhere to the statute of limitations for wrongful death claims in Illinois by beginning your legal claim before this period expires. A wrongful death attorney can review your case’s facts to provide a specific answer about how long you have.
An attorney can also monitor approaching deadlines on your behalf, taking care to file legal documents before you run out of time.
Who Needs to Worry About a Wrongful Death Statute of Limitations?
The statute of limitations for wrongful death in Illinois applies to anyone who wants to file this claim. Illinois only allows a personal representative for your family member to file a wrongful death claim.
Your loved one can appoint a personal representative in an estate plan or will. If your family member neglected to name a representative, the court selects one on your behalf.
The personal representative must adhere to the statute of limitations, which starts counting down before their appointment.
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What Compensation Can Your Family Receive Through a Wrongful Death Claim?
If you begin a wrongful death claim before the statute of limitations expires, you can secure funds to cover your family’s financial losses. Generally, these funds go to your loved one’s spouse and their next of kin.
Depending on your situation, an Illinois wrongful death lawyer could help you secure funds to cover the following:
- Loss of your loved one’s financial support
- Loss of companionship and society
- Loss of moral training and instruction
- Your sorrow, grief, and mental suffering
You may also receive additional funds to cover your losses after a wrongful death. Speak to a legal team specializing in wrongful death cases to learn more about your options.
Is the Illinois Survival Act the Same as a Wrongful Death Claim?
Depending on the facts of your family’s situation, you may also have the chance to seek compensation through the Illinois Survival Act. This portion of the law allows you to seek compensation for your loved one’s medical expenses and burial costs.
The Survival Act also has a statute of limitations, just like a wrongful death case. So in both situations, you have about two years to move forward with your claim in most cases.
How Long Does it Take to Secure Compensation With a Wrongful Death Claim?
The amount of time it takes to resolve a wrongful death claim in Illinois can vary. Once you get your claim started, a lawyer may bring you compensation in a few months, or it could take several years to finish the suit.
Our team stands with you every step of the way as we handle your wrongful death case. We support your family and treat you compassionately while working to secure funds to cover your losses.
Call Us for Help with a Wrongful Death Claim in Illinois
What is the statute of limitations for wrongful death in Illinois? Generally, families have two years to begin these cases. Find out more about your specific case’s time limit with our Morelli Law Firm team.
Call us or complete our online contact form to get started.