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What Is the Statute of Limitations for Wrongful Death Lawsuit?

Written by Ankin Law Office

When a loved one dies, a wrongful death lawsuit may be the last thing on a person’s mind. The surviving family members are more likely dealing with the emotional aftermath of the death. But while dealing with the grieving process is of critical importance, surviving family members should consider whether to take legal action sooner rather than later. Like any personal injury claim, there are strict time limitations – or statutes of limitation – on when a wrongful death lawsuit can be filed. The statutes of limitation varies depending on the underlying cause of action and applicable state law. In Illinois, the statute of limitations for most wrongful death lawsuits is two years from the date of death.

In order to ensure that a wrongful death legal claim is brought within the applicable statute of limitations, and to preserve any and all evidence, you may want to contact a skilled Chicago wrongful death lawyer as soon as possible following the untimely death of a loved one. The Illinois wrongful death attorneys at Ankin Law Office, LLC can help ensure that your legal rights are protected and that you obtain full and fair financial recovery. While no amount of money can bring back a loved one, a wrongful death lawsuit can help to alleviate the financial burdens that follow an untimely death and hold the responsible party accountable for his or her actions. Wrongful death lawsuits can arise in a number of situations, including:

  • Medical errors
  • Car accidents
  • Trucking accidents
  • Airplane accidents
  • Construction accidents
  • Occupational exposure to hazardous conditions or substances

In order to bring a successful wrongful death cause of action, the plaintiff must prove that:

  • A loved one died;
  • The death was caused by another’s negligence;
  • The plaintiff suffered a loss as a result of the death, and;
  • The plaintiff is entitled to sue under applicable state law.

If a plaintiff is successful in a wrongful death action may be entitled to receive compensation for the following:

  • Medical bills
  • Funeral expenses
  • Loss of future income and benefits
  • Loss of future inheritance
  • Loss of parental guidance (if decedent has minor children)
  • Loss of spousal companionship, protection and care
  • Grief, sorrow and mental suffering of surviving spouse and next of kin
  • Pain and suffering of the decedent prior to death
  • Punitive damages (if defendant’s actions were intentional)

The Chicago wrongful death attorneys at Ankin Law Offices, LLC have considerable skill and legal knowledge to advise you through this difficult and confusing time.  If you have lost a loved one due to negligent or intentional misconduct , contact the our office at (312) 600-0000 to schedule a free consultation with one of our compassionate Chicago wrongful death lawyers.

Categories: Personal Injury