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What is the difference between the person who files a wrongful death claim and the beneficiaries?

 

A: If you have lost a loved one as a result of a fatal accident, you may be confused as to who can legally file an Illinois wrongful death claim. You may also wonder about who can benefit from the claim.

Who can file an Illinois wrongful death claim? 

If the deceased left a will, the will would designate an executor, who could be a family member, a non-family member or a business. The executor would be able to file a wrongful death claim on behalf of the deceased person. If the deceased did not have a will, an Administrator would be appointed to handle the estate and file a wrongful death claim if necessary.

Who are the beneficiaries? 

If your loved one left a will, the will states who will receive funds from your loved one's estate. Beneficiaries can include the executor or Administrator of the estate. However, estate beneficiaries don't automatically receive benefits of an Illinois wrongful death claim. The estate and any compensation from an Illinois wrongful death claim are separate.

The Illinois Wrongful Death Act specifies that the proceeds of a wrongful death suit go to the "next of kin." As defined by the Act, the next of kin is defined as: 

• Ÿ Spouse and/or children;
• Ÿ If no spouse and/or children are alive, parents and/or siblings are next of kin; and
• Ÿ If no spouse, children, parents or siblings are alive, other relatives may be determined to be next of kin.  

This can be difficult for some family members. For example, if you are a parent who has been dependent on your child's support, you will not be legally entitled to any wrongful death compensation if your child has also left behind a spouse or children. However, you may be entitled to some of your child's estate if you are listed as a beneficiary in their will.

When to Hire a Chicago Wrongful Death Lawyer

Wrongful death claims can be complicated, but the best way to understand your legal options during this difficult time is to speak with an experienced Chicago wrongful death lawyer who can give you advice based on the specifics of your case.

The Law Offices of Barry G. Doyle, P.C. understand the emotional and financial difficulties that result with the tragic and unexpected loss of a loved one. Our team of compassionate and experienced Chicago wrongful death lawyers is here to listen and to help. For a free case evaluation contact us today - 312-263-1080.

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Barry G. Doyle, P.C.
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Skokie, IL 60077
Phone: 312.263.1080
Fax: 312.263.0153

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