EAM LAW

EAM LAW

Compassionate Representation

Wrongful Death Attorney in Joliet, IL

Providing compassionate and determined legal advocacy for families who have lost a loved one due to negligence.

Wrongful Death Claims: Frequently Asked Questions

Guiding your family through the legal process with dignity and respect.

Who can file a wrongful death lawsuit in Illinois?
A wrongful death lawsuit must be filed by the personal representative of the deceased person’s estate. This is often a family member named in the will or appointed by the court. The lawsuit is filed on behalf of the surviving spouse and next of kin, who are the ones who receive any compensation awarded.
Damages are intended to compensate the surviving family members for their losses. This can include recovery for grief, sorrow, and mental suffering, loss of financial support the deceased would have provided, loss of companionship and consortium, and the costs of medical bills incurred before death, as well as funeral and burial expenses.
They are two separate but often related claims. A wrongful death claim compensates the surviving family for their losses due to the death. A survival action is brought on behalf of the deceased person’s estate to recover damages that the deceased could have claimed if they had survived, such as their own pain and suffering from the moment of injury until their death.
We must prove that the defendant’s negligent or wrongful act caused the death. Essentially, we have to prove all the elements of the underlying personal injury case (like a car accident or medical malpractice) and then prove that the injuries from that incident led to the death. This requires extensive investigation, evidence gathering, and often expert testimony.
In Illinois, the statute of limitations for a wrongful death claim is generally two years from the date of death. However, the timeframe can be different depending on the nature of the act that caused the death (e.g., medical malpractice might have a different timeline). It is vital to speak with an attorney as soon as possible to ensure these critical deadlines are not missed.

Why Choose EAM LAW for Wrongful Death Cases?

  • Compassionate counsel that understands what your family is going through.
  • Experience handling complex litigation to prove fault.
  • Dedication to securing your family's financial future.
  • We handle the legal burdens so you can focus on healing.

Lost a Loved One?

While no amount of money can replace your loss, we can help you seek justice and financial stability.

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