Who Can File a Wrongful Death Claim in Illinois?

The sudden loss of a loved one is a shattering experience, especially when it stems from someone else’s negligence. The turmoil is compounded by the financial strain and the quest for justice, leaving families grappling with an uncertain future. However, in the midst of grief, legal avenues exist to offer some form of relief to those left behind. At Saks, Robinson & Rittenberg, Ltd., we understand the complex emotions involved and provide a compassionate guiding hand. Our attorneys can help you determine your eligibility to file a wrongful death claim and stand by you throughout this daunting process.

Understanding Wrongful Death

Wrongful death occurs when an individual loses their life due to the negligent or intentional actions of another. These tragedies may unfold through various circumstances, such as car accidents, medical malpractice, or workplace incidents. In these moments, a civil lawsuit can serve as a channel for survivors to seek compensation for their immense loss.

Initiating the Claim Process

In Illinois, a wrongful death claim must be filed by a personal representative, who is the executor of the deceased person’s will. This representative, designated by the court, is entrusted with the responsibility of filing a wrongful death claim on behalf of the deceased’s estate. Once the probate process is initiated and concludes, the selected executor becomes the voice for the lost loved one.

Eligible Claimants in Illinois

The Decedent’s Surviving Family Members

In Illinois, the legal system prioritizes the deceased’s immediate family for the role of personal representative. A surviving spouse often stands at the forefront, followed by adult children if no spouse is present. The absence of both leads to the consideration of parents or siblings. 

Court-Appointed Estate Representatives

Moreover, individuals appointed by the court as estate representatives can initiate a wrongful death lawsuit on the estate’s behalf. This becomes crucial when the deceased’s will or estate plan indicates such action.

The Importance of Legal Consultation

The path to securing rightful compensation is strewn with legal complexities. It is imperative to engage with knowledgeable attorneys who can navigate the intricacies of wrongful death claims. By consulting with our team at Saks, Robinson & Rittenberg, Ltd., you gain allies who are relentless protectors of the injured and bereaved. Our personalized approach ensures that your case is not merely a file number but a priority that is handled with the utmost dedication.

Call An Attorney to Discuss Your Wrongful Death Claim

The aftermath of a wrongful death is a trying period filled with emotional and legal battles. The right to file a claim in Illinois is determined through a carefully constructed legal framework, designed to represent the deceased’s interests through appointed family members or designated individuals.

It is essential to have seasoned legal professionals by your side, advocating for your rights and guiding you through every step. At Saks, Robinson & Rittenberg, Ltd., we commit to treating you with respect, keeping you informed, and advising you on the best course of action. If you are confronting the tragedy of a wrongful death and seeking legal reparation, reach out for a consultation.