Losing a loved one is among the most difficult experiences that anyone will have to face. The pain of losing a close family member can be even more acute when the death could have been prevented. Fatal accidents and injuries occur much more frequently than many people in and around Cook County want to consider, and a majority of these incidents happen when someone is careless or reckless or engages in harmful behavior. The attorneys at Saks, Robinson & Rittenberg, Ltd. have assisted many families in recovering from wrongful death tragedies, and they stand ready to help other families facing a similar situation.
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When a spouse, child, or another close family member suffers fatal injuries, you may be able to file a wrongful death claim. You should seek out a “wrongful death lawyer near me” to work with an experienced and compassionate advocate who can help you to hold the negligent party or parties accountable. The team at Saks, Robinson & Rittenberg, Ltd. has years of experience serving the Cook County community and can speak with you today about filing a claim.
Wrongful death law is very similar to personal injury law. However, instead of the injured party filing a claim for financial compensation, a survivor of the injured party steps into the shoes of that person and essentially files a claim on his or her behalf. To put it another way, the law recognizes that a person who sustains fatal injuries would have been able to file a personal injury lawsuit if he or she had lived. Since that injury victim’s injuries ultimately prove to be fatal, she cannot file a claim herself. Instead, a family member can stand in her shoes by filing a wrongful death lawsuit to hold the responsible party accountable.
The Illinois Wrongful Death Act (740 ILCS 180/) governs claims filed by surviving family members in Cook County and throughout the state.
Under Illinois law (735 ILCS 5/13-209), the statute of limitations for wrongful death lawsuits is one of two periods of time:
The statute of limitations is the later date of the two periods of time listed above. In many wrongful death cases, a person might suffer serious injuries that are not clearly life-threatening. However, the injured person might succumb to those injuries months or even years later. In such cases, Illinois law recognizes that the survivors of the deceased still can be eligible to file a claim, even if the deadline for filing a personal injury claim with the underlying cause of the injury has passed.
If you lost a loved one because of another party’s error or careless behavior, you should seek out a wrongful death attorney near you to begin the process of filing a lawsuit. Contact the offices of Saks, Robinson & Rittenberg, Ltd. to learn more about how we can assist with your wrongful death case.
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