If you lose a loved one like a spouse or child because their death was caused by faulty manufacturing or medical negligence, you may want to file a wrongful death lawsuit. From state-to-state, regulations vary about filing such a claim, but an experienced wrongful death lawyer can walk you through the process.
Here are common questions about wrongful death:
What is a claim of wrongful death?
Wrongful death is a legal description of a death caused by wrongdoing or negligence. Because the deceased cannot file suit, the next of kin can.
Is there a time limit for wrongful death lawsuits?
Yes. By speaking with your attorney, a calculation can be made to determine how much time you have to file suit. In Illinois, the family of the deceased victim has one year to file a wrongful death lawsuit after the death of the individual. Depending on the type of case, there may be an extended period of time to file. If you miss the deadline, you cannot ask for compensation.
Who can initiate a wrongful death claim?
Typically, a personal representative of the deceased who is court-appointed will bring the claim. The representative presents the case to benefit the next of kin.
Is wrongful death the same as murder?
No. Even though both involve someone dying because of another persons actions, a wrongful death is a civil lawsuit and murder is a criminal case. In wrongful death lawsuits, compensation for damages may be asked for.
Why should you hire a wrongful death lawyer?
It is smart to have legal counsel when making a wrongful death claim. From calculating the time you have to file suit to being there for you in the courtroom should your case go to trial, an attorney knows how to pursue compensation for damages and litigate when necessary.
The experienced wrongful death attorneys at GWC Injury Lawyers are available for a free consultation to discuss your claim.