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Who Is Allowed to File a Wrongful Death Claim in IL?

Who Is Allowed to File a Wrongful Death Claim in IL?

By Trapp & Geller

Accidents thought to be caused by another party’s negligence can be painful enough. However, in some cases, these incidents could lead to the victim’s death. Such circumstances can leave a tremendous emotional and financial void in the lives of the deceased individual’s loved ones. Fortunately, a civil action known as a wrongful death suit might enable a victim’s family to receive compensation.

Trapp & Geller, Chicago wrongful death attorneys, invites prospective clients to read this brief work providing an overview of wrongful death cases and clearly defining who has the legal right to initiate such undertakings in accordance with Illinois law.

Types Of Wrongful Death Cases

Wrongful death is a facet of personal injury law. Unfortunately, individuals can be killed due to another’s negligence in cases, such as automobile accidents, premises, and product liability, and medical malpractice.

Proving Wrongful Death

Experienced Chicago wrongful death attorneys must use documented evidence, eyewitness accounts, and expert witness testimony to prove that the accused party committed a negligent or malfeasant act, this behavior contributed to the death-inducing incident, and that the compensation sought by the decedent’s relatives is strictly to ameliorate financial hardships precipitated by the victim’s passing.

Case Filing Eligibility

Illinois law mandates that only the decedent’s estate representative is eligible to file a wrongful death suit. Typically, this individual is a close relative, like a spouse or adult child. Should the victim not have an established estate representative, a court could designate such a subject. Additionally, these civil actions must be filed either within one year of the decedent’s passing or two years following the accident.

Contact Us

Clients who lost loved ones are what they perceive to be the irresponsible or malfeasant actions of another individual or entity might have a legitimate wrongful death case. The offices of Trapp & Geller can review the facts and, if solid evidence exists, may be able to help said parties recoup financial compensation. Additional information about our firm can be found by visiting 


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