Practice

Blog

Library

Frequently Asked Questions

Q: Who gets to file a wrongful death lawsuit in Illinois?

A: After there is a death as a result of an accident in Illinois, such as a car accident, construction accident, or due to medical malpractice or nursing abuse and neglect, there must be someone appointed to take charge of the estate of the deceased person.

When someone dies as a result of an accident and has a will, the will designates someone as the executor of the estate.  The executor of the estate is the one who gets to make decisions concerning the wrongful death lawsuit, including whether one will be filed and if there is a settlement offer, whether the settlement offer will be accepted.

When some one dies as a result of an accident but does not have a will, then court proceedings have to be started to have someone appointed as the administrator of the estate.  Usually, the administrator is a family member, but does not have to be.  Typically there is only one administrator of the estate, but I have been involved in situations where there are co-administrators of the estate.  The administrator(s) then are the ones who get to make decisions regarding the wrongful death lawsuit.

If you have questions about how to start a wrongful death lawsuit, you should consult an experienced Chicago personal personal injury lawyer.

Offices

FAQ