Please select from the following questions:

• Who is entitled to bring a wrongful death claim?
• What is loss of consortium?
• What happens if the wrongful death is that of a child?
• Does there have to be a trial in a wrongful death lawsuit?
• How much time is there in Illinois to file a wrongful death lawsuit?

1. Who is entitled to bring a wrongful death claim?

Only immediate family members, whether through birth or marriage, may file a wrongful death claim. Most commonly it is the spouse, but can be parents, siblings, grandparents or dependents of the deceased person.

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2. What is loss of consortium?

Consortium refers to the spousal relationship. Spouses may sue for loss of consortium to compensate them for the loss of companionship, comfort, affection, and other intangible losses. This is a significant part of the wrongful death claim when the person who died was married.

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3. What happens if the wrongful death is that of a child?

When the person killed is a child, the parents and siblings of the child are permitted to recover damages under the Wrongful Death statute. Frequently the most important element of damages is the claim for loss of society. Where the child is older at the time of death, it is sometimes possible to estimate the child's earnings potential and potential contributions to family members.

Illinois law does allow wrongful death claims when the deceased is an unborn fetus, as the fetus is still regarded as a human being under the Illinois Wrongful Death Act.

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4. Does there have to be a trial in a wrongful death lawsuit?

As with every type of case, there is always potential for settlement before trial. The amount of the settlement will vary in every case depending on many factors including:

• The liability situation
• The earnings or earning potential of the deceased
• His or her relationship with the next of kin
• The amount of conscious pain and suffering
• The insurance coverage available

and other factors. No two cases are alike. When there is a settlement, it must be reviewed and approved by the court, which also must approve the division of the money among the next of kin.

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5. How much time is there in Illinois to file a wrongful death lawsuit?

The statute of limitations for a wrongful death case is the same as for the underlying case. For most cases in Illinois, it is two years from the date of death, but can be shorter, as in the case of the one-year statute of limitations for municipalities and other local governmental units.

The statute of limitations may also be tricky where there is a delay between when the injuries are suffered and when the person dies. If you're wondering whether you have justification for filing a wrongful death lawsuit, don't delay. You'll want to give your wrongful death attorney the best chance possible to obtain compensation for you, and there could be a great deal of investigation to do even before the suit is filed.

Contact Chicago wrongful death attorney Barry Doyle for your free legal consultation. No recovery, no fee.

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- Practice Area - Nursing Home Abuse Accidents Wrongful Death Severe Injuries Work Related Injuries Medical Malpractice Product Liability Message