There is no legal procedure that can undo the hurt and hardship that comes with losing a loved one. This is especially true in cases where that death was preventable. While a wrongful death lawsuit cannot erase your loss, it could provide a measure of justice for you and your surviving family members.
With the help of a dedicated injury attorney at The Kryder Law Group, it could be possible to hold the responsible party accountable. Let an Elk Grove Village wrongful death lawyer advise you on your legal options during a private meeting.
When Is a Death “Wrongful?”
A wrongful death involves the passing of a person due to another party’s wrongful act. Generally speaking, these cases are appropriate when there would normally be grounds for a personal injury lawsuit.
There are various types of accidents that could lead to a wrongful death case. Most of them share fact patterns with common types of personal injury lawsuits. Some of the cases an Elk Grove Village wrongful death attorney could help with include deaths caused by:
The Ability to File a Wrongful Death Suit
The right to file these cases can vary substantially from one state to another. In many jurisdictions, the surviving family members have the right to file a wrongful death case directly. That is not the case in Elk Grove Village. According to Illinois state law, only the personal representative of your relative’s estate has the power to file a wrongful death lawsuit.
The personal representative—frequently known as the executor—is tasked with overseeing the estate, including its legal claims. Often, a person will name their choice for the executor in their will. If there is no will to probate or the person named is unable to fulfill the role, the court has the right to appoint someone to serve as a personal representative. That person is often a family member of the deceased.
Time Limitations to File a Wrongful Death Lawsuit
There is a limit on the amount of time a personal representative has to file a wrongful death lawsuit. This deadline is not always clear, as it can vary depending on the circumstances of your loved one’s passing. An experienced wrongful death lawyer in Elk Grove Village could determine the exact deadline for filing a lawsuit.
The deadline—referred to as the statute of limitations—typically lasts for two years in most wrongful death cases in Illinois. This two-year period begins to count down on the date of a deceased person’s passing. However, there is an important exception to this rule. If the death stems from violent intentional conduct, the statute of limitations is extended to five years.
If the statute of limitations expires, your recovery is at risk. The court will typically dismiss a lawsuit if it is filed after the deadline. Working with seasoned legal professional at The Kryder Law Group is the best way to avoid this outcome.
Let an Elk Grove Village Wrongful Death Attorney Help You Pursue Justice
If you have lost a loved one due to an act of negligence, you might be entitled to recover compensation through a wrongful death case. The prospect of navigating the legal system during such a difficult type can be too much for many people.
An Elk Grove Village wrongful death lawyer could take the stress off of your shoulders. Contact The Kryder Law Group whenever you are ready. One of our compassionate attorneys is ready to get to work on your case.