A wrongful death occurs when a person is killed due to the negligence or misconduct of another individual, company or entity. Understandably, this can have devastating emotional and financial consequences for surving family members. As a result, a surviving spouse, child or parent can file a wrongful death lawsuit. To have a wrongful death lawsuit, it must pertain to the death of a person as a result of someone else's negligence and there must be surviving family members who are suffering or will suffer a monetary loss due to the death. Wrongful death lawsuits may be applicable when death is due to:
Wrongful death lawsuits are governed by a different two-year statute of limitations that begins to run on the date of death. 740 Ill. Comp. Stat. Ann. § 180/2 (Westlaw 2010). However, such an action can only be brought if, on the date of death, the decedent could still have commenced a malpractice action for the injury that caused the death. Wolf v. Bueser, 279 Ill. App. 3d 217, 664 N.E.2d 197, cert. denied, 168 Ill. 2d 629, 671 N.E.2d 745 (1996).
Negligence and personal injury Medical malpractice Injury from defective and dangerous products Personal injury Personal injury lawsuits Nursing home abuse and injuries Wrongful death Elder law Lawsuits and disputes
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