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Wrongful Death Lawsuits: An Overview (Part A)

Many families are at a loss as to what to do when they unexpectedly lose a loved one, especially if that person was head of the household. One of your first steps should be to consider speaking to an experienced Chicago wrongful death lawyer about your legal options so you can ensure the financial security of your family as you adjust to your loss.

What is a wrongful death?

Any negligent or wrongful conduct that results in the death of another person is considered to be eligible for an Illinois wrongful death lawsuit. Most of these lawsuits are based on negligence for the safety of others by another person or entity. Medical malpractice resulting in death can also be considered grounds for an Illinois wrongful death lawsuit.

In order to have a valid wrongful death claim, you must be able to provide solid evidence that your loved one's death occurred because of negligence on the part of another person, business, or entity. A Chicago wrongful death lawyer can help you collect and present the necessary evidence to help support your claim.

Who can file an Illinois wrongful death lawsuit?

The person designated to handle the legal affairs of the deceased's estate - the executor of the estate - is the only person able to file an Illinois wrongful death lawsuit. This person is named in the will of the deceased and is usually their spouse or next of kin. In the event there is no will, a court order will be obtained to appoint someone else as the administrator of the estate.

While the executor of the estate will be the one to file the wrongful death claim and have the ability to accept a settlement offer, they do not have power over who benefits from the lawsuit or how the money is distributed.

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