Who Can Pursue a Wrongful Death Case in Illinois?

 Posted on November 28, 2023 in Wrongful Death

Wrongful death cases are often emotionally gut-wrenching affairs, as pursuing justice for your loved one in the wake of their death can be difficult, especially as you try to juggle the emotional aspect of things with the legal side of things. If a wrongful death has happened to someone close to you, you may be wondering whether you are eligible in Illinois to pursue a wrongful death case on their behalf. If this sounds like your situation, contact a lawyer to see whether pursuing a case is an option available to you.

Here is Who Can Pursue Wrongful Death Cases

• Surviving spouse or domestic partner – In Illinois, the surviving spouse or domestic partner of the deceased is the primary party entitled to file a wrongful death lawsuit. The law recognizes the unique bond between spouses, thus allowing them to seek compensation for the loss of financial support and companionship resulting from their loved one’s death.
• Children – If the deceased does not have a surviving spouse or domestic partner, the right to pursue a wrongful death claim. This may include biological children, adopted children, and stepchildren. Children can seek compensation for the loss of parental guidance, support, and affect caused by the wrongful death.
• Parents – In the absence of a surviving spouse, domestic partner, or children, the parents of the deceased can pursue a wrongful death claim. This provision recognizes the profound emotional and financial impact that the loss of a child can have on parents. Parents may seek compensation for the loss of love, companionship, and financial support they would have received from their child.
• Personal representative of the estate – If none of the above parties are available or eligible to file a wrongful death lawsuit, the personal representative of the deceased’s estate can bring forth the claim. The personal representative acts on behalf of the estate and the beneficiaries, pursuing compensation for damages suffered by the estate as a result of the wrongful death.

Contact a Will County, IL, Personal Injury Lawyer

Ultimately, a wrongful death case provides a means for seeking justice and compensation for the loss of a loved one. Whether it is the surviving spouse, children, parents, or the personal representative of the estate, the law ensures that eligible parties have the chance to pursue a wrongful death claim and hold responsible parties accountable. If this is something you are interested in, contact the skilled Joliet, IL, personal injury attorneys with Schwartz Injury Law. Call 708-888-2160 for a free consultation.