Who Files an Illinois Wrongful Death Lawsuit?

When a person is the victim of a wrongful death, their surviving family will generally want to file an Illinois wrongful death lawsuit to recover damages for their unexpected loss. In most cases, the person (known as the administrator of the estate) who files the lawsuit and acts on behalf of the deceased will be the surviving spouse.

If there is no spouse, or the spouse is not able, next in line would be the children, if of appropriate age. Next would be the parents of the deceased. In some cases, the responsibility of administrator would fall to the deceased's siblings or aunt/uncle. In the event no family was present, the court may entertain other related parties such as roommates or girlfriends/boyfriends if the circumstances warranted it so.

The best determination of who holds power of administrator of estate is when it is set forth in the will of the deceased. This documentation is especially useful when family members fight over the rights to the appointment, or if the deceased has no family to rely on. In the will, a non-human entity such as a bank or trust company may be named as administrator. 

There's a lot more to learn about eligibility to file an Illinois wrongful death lawsuit and what the process entails. Our article touches on the basics, but for more comprehensive help, you should consult with an experienced Chicago personal injury lawyer. 

When handling any sort of trial procedures, it's best to have the advice and guidance of someone who has been through the Illinois wrongful death lawsuit process before. A Chicago wrongful death attorney from The Law Offices of Barry G. Doyle, P.C. is available to help you through your claim, contact us today for a free case evaluation. (312) 263-1080