Special state laws exist to provide for a remedy when there is a “wrongful death.” These laws provide for specific money compensation for the heirs, or “survivors,” of a person who died because of the negligent, willful, or wrongful act, neglect, omission, or default of another. Both Indiana and Illinois have special wrongful death statutes. There are many different causes of a “wrongful death.” Medical malpractice, defective products, plane crashes, truck accidents, car wrecks, on the job work injuries, and dangerous drugs are examples of the legally recognized bases for wrongful death claims.
Wrongful Death Damages And Compensation
Those who can claim wrongful death damages are defined by law, as well. Heirs of the decedent file the claim. Heirs include the decedent’s surviving spouse, children or parents. The decedent’s estate representative may file a claim as well, on behalf of other heirs. Depending on the law that applies, wrongful death damages can include both economic damages (projected lifetime income, with no deduction for living expenses or income taxes, value of services, etc.) and noneconomic ones (e.g., the enjoyment of living, pain and suffering). Heirs may also receive medical and funeral expenses.
Find A Wrongful Death Law Firm
The Northwest Indiana and Chicagoland personal injury law firm of Allen Law Group represents those with legal rights to compensation for the wrongful death.
When Should You Seek the Advice of a Wrongful Death Attorney?
Indiana and Illinois state law provide for different statutes of limitations for wrongful death cases — in other words, the amount of time you have to file a claim. In Indiana, the claim must be filed within two years of the date of the wrongful death. In Illinois, the claim must be filed within one year of the date of death, although this time period can be extended if there are other statutes that can be applied. For instance, if there was a personal injury that eventually led to a wrongful death, the two-year statute for personal injury (from the date of the injury) would apply, if it falls later.
In light of these statutes, it’s never too early to seek the advice of a wrongful death attorney. An attorney can further assist you in handling information about the circumstances and evidence surrounding the wrongful death of your loved one. This can help strengthen your claim when the time comes to file a lawsuit. Kenneth J. Allen wrongful death attorneys offer extensive knowledge of all statutes and aspects of wrongful death claims, and have years of experience handling wrongful death claims, ensuring that you and your family receive the compensation to which you are entitled.
If you or a loved one has been seriously injured or killed due to the wrongful acts of another, then you may have a legal claim for damages as well as the right to justice against the wrongdoer and you are welcomed to contact the Northwest Indiana and Chicagoland personal injury lawyers at Allen Law Group to schedule a free initial legal consultation.