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Illinois Wrongful Death Questions & Answers
1 Answer | Asked in Car Accidents and Wrongful Death for Illinois on
Q: Is there a time frame for suing for Wrongful Death?

I lost my entire family when a Semi Truck driver ran over their car from behind. I had an attorney who took advantage of my grief coaxing me to settle for a outrageously low amount. He didn't follow through with the suits he had promised and it has bothered me through the years.

Charles Candiano
Charles Candiano
answered on Feb 13, 2022

You must file suit within 2 years. That said, once you signed the Release in exchange for the money, you lost the ability to sue. The situation that you describe is the "Holy Grail" of personal injury attorneys because most commercial semi's have virtually unlimited insurance. It... Read more »

1 Answer | Asked in Criminal Law and Wrongful Death for Illinois on
Q: My boyfriend's teenage son died about a yr ago in his sleep from what the coroner called a toxic combination of drugs...

My boyfriend was the only other person home. Can he be charged in the death of his own son? If so, would it be the state that presses charges? And what would the formal charges be? Could he possibly be convicted? I mean, it was his own son. I can't even imagine what he's going through.

Audriana T. Anderson
PREMIUM
Audriana T. Anderson
answered on Feb 2, 2022

This is an extremely unfortunate situation for this family. There are potentially a couple of criminal charges the father could face -- if the father provided the drugs to his son, the father could be charged with drug induced homicide. If the father was aware that his son was consuming drugs or... Read more »

1 Answer | Asked in Wrongful Death and Health Care Law for Illinois on
Q: What legal action can I take against a business who consciously ignores covid regulations, which resulted in a death?

My mother recently passed away from covid. She works at a church that refuses to acknowledge covid and follow regulations. This church is a known hotspot for covid and they still refyse to follow any kind of safety rules. We know my mother caught the virus there and covid is listed on the death... Read more »

Charles Candiano
Charles Candiano
answered on Dec 22, 2021

Unfortunately, none. If your mother was truly an employee of the Church, then her/your sole remedy is through Workers' Compensation, provided that the church carries Workers' Compensation insurance. If she was an employee but the Church had no WC insurance, you may be able to sue,... Read more »

1 Answer | Asked in Animal / Dog Law and Wrongful Death for Illinois on
Q: If my dog gt killed by my neighbors dog how do I go about filing a lawsuit
Charles Candiano
Charles Candiano
answered on May 27, 2021

Wrongful Death law only applies to human beings.

I am a dog lover so I do not tell you this lightly. In the law, a dog is a chattel - it is only worth the fair market value of another dog so, at most, you would file a Small Claims case. Though we treat them like family and grieve their...
Read more »

1 Answer | Asked in Wrongful Death for Illinois on
Q: Can a probation office or officer be held accountable for a wrongful death?

After serving 7 years my son had completed 4 of his 8 years of parole. His original issues involved opiate abuse & addiction and he was ordered to abstain from alcohol and illegal drugs during his parole. The system was such that his parole consisted of a weekly automated call in number and... Read more »

Charles Candiano
Charles Candiano
answered on Apr 16, 2021

No public servant has any personal liability for anything they do in the course and scope of their job. Remote check-in was extended because of the Pandemic. A parole officer is supposed to treat each parolee as instructed. If the Court did not order random drug testing or if it was suspended... Read more »

1 Answer | Asked in Wrongful Death for Illinois on
Q: Husband misdiagnosed for a year ,found out has stage 4 cancer ,died less than 3onths later

Husband felt ill,.multiple symptoms,.Everytime we went to same hospital and they would give us a diagnosis that would end us back there every month or 2 untill a year or ? Later he went and they told him nothing they could find. They wanted to dismiss him but he told them that no they had to check... Read more »

Charles Candiano
Charles Candiano
answered on Oct 22, 2019

You are not alleging Wrongful Death, you are alleging medical malpractice. You should NOT have waited so long. Do you have a doctor who can testify that the failure to diagnose resulted in his death? Are you sure that the cancer from which he suffered would not have been fatal even if diagnosed... Read more »

1 Answer | Asked in Criminal Law and Wrongful Death for Illinois on
Q: Where is the rhetorical tool Pathos found or used in the case of Berghuis vs Thompkins?
Peter N. Munsing
Peter N. Munsing
answered on May 23, 2019

Sounds like an assignment. The Assignment should be done by the assignee, not by others.

2 Answers | Asked in Wrongful Death for Illinois on
Q: if a self-employed person is killed at work is his boss liable
Ross Diamond III
Ross Diamond III
answered on Apr 24, 2019

You should consult an attorney in Illinois. Workers' compensation there may provide benefits even though the worker was called an "independent contractor. If not, the boss could be liable for any negligence or other wrongful that caused the death.

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1 Answer | Asked in Wrongful Death for Illinois on
Q: How many survivors can be compensated for a person's wrongful death? If a mother dies, can her spouse and children all

recover damages?

Charles Candiano
Charles Candiano
answered on Dec 11, 2018

Absolutely! The Court would request that family information and must authorize the distribution. If a standard scheme is used (i.e. all share equally or surviving spouse takes 1/2 and 1/2 is divided among the children), the Court will summarily approve the distribution. If something different... Read more »

1 Answer | Asked in Wrongful Death for Illinois on
Q: If my brother filed a wrongful death claim for our father, does that mean only he would get money from the suit and not

the rest of the siblings?

Charles Candiano
Charles Candiano
answered on Nov 20, 2018

No, he is just the name on the lawsuit. When the case is tried or settled, the Court will have to approve a distribution of the funds. Siblings generally take equally.

2 Answers | Asked in Wrongful Death for Illinois on
Q: If my wife got injured due to another driver's negligence, can that guy's estate sue her for wrongful death?
Steve McCann
Steve McCann
answered on Oct 29, 2018

You wife can certainly be sued, but the estate's chances of recovery is very slim if your wife was not negligent. If your wife was not negligent, and still sustained injuries as the result of an accident, I suggest you consult with a personal injury attorney immediately to discuss her options... Read more »

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4 Answers | Asked in Wrongful Death for Illinois on
Q: If someone was drunk, but got hit by someone else and died, can we still file a wrongful death suit?
Jeremy Wang
Jeremy Wang
answered on Sep 7, 2018

Absolutely - Whether or not you will win is entirely a separate matter.

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1 Answer | Asked in Wrongful Death for Illinois on
Q: Who has a right to bring wrongful death claims on behalf of the deceased?
Robert D. Kreisman
PREMIUM
Robert D. Kreisman
answered on Aug 4, 2018

Under Illinois law anyone can "act" as the special administrator to serve in name as the plaintiff for the decedent. The persons who can receive compensation under the Illinois Wrongful Death Act are the "next of kin." In many cases a probate estate wherein the administrator or... Read more »

1 Answer | Asked in Wrongful Death for Illinois on
Q: Is it possible to get the process started on a wrongful death case if the death in question is imminent?
Camille Brooks Ibrahim
Camille Brooks Ibrahim
answered on Jul 5, 2018

Depending on the situation, care to elaborate?

1 Answer | Asked in Wrongful Death for Illinois on
Q: What is the Illinois statute of limitations for filing a wrongful death claim?
Peter N. Munsing
Peter N. Munsing
answered on Jun 20, 2018

I believe it's two years. You should contact a member of the Ill. Trial Lawyers Assn who handles death cases in the county where the deceased lived. They give free consultations.

1 Answer | Asked in Wrongful Death for Illinois on
Q: Is it possible to bring a wrongful death lawsuit for a deceased pet?
Peter N. Munsing
Peter N. Munsing
answered on May 4, 2018

Yes but it's not for the pet it's for you. Further, all you can recover are possibly medical expenses and the market value of a dog of that age and type--you don't get a value for what it meant to you.

1 Answer | Asked in Wrongful Death for Illinois on
Q: In a wrongful death case with multiple heirs, are damages always divided equally?
Charles Candiano
Charles Candiano
answered on Apr 13, 2018

There are VERY few rules that "always" apply. The closest you come to always in this situation is that the heirs decide among themselves. BEFORE any funds can be distributed, the Judge MUST approve the distribution which he will ALWAYS do provided that all heirs are in agreement. The... Read more »

2 Answers | Asked in Wrongful Death for Illinois on
Q: Is it possible for the same person to file for a wrongful death and survival action lawsuit?
Steve McCann
Steve McCann
answered on Mar 16, 2018

It is possible, but it is a very fact specific determination that truly requires the assistance of an attorney. If you believe you have a wrongful death and/or survival action lawsuit with merit, consult with an attorney immediately. Many of us offer free consultations, and will represent you on... Read more »

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1 Answer | Asked in Criminal Law and Wrongful Death for Illinois on
Q: Is it illegal to not label evidence at a crime scene or enter it. Also is it illegal for an autopsy not to identifyinjur
Peter N. Munsing
Peter N. Munsing
answered on Jan 16, 2018

Sloppy yes. Illegal, no.

Likewise for autopsy.

2 Answers | Asked in Wrongful Death for Illinois on
Q: My great grandma fell dowb stairs delivering avon and pasted because of it. Can we sue for wrongful death
Charles Candiano
Charles Candiano
answered on Jan 7, 2018

I'm sorry for your loss. If there was a defect in the stairs AND the property owner knew about the defect and had an opportunity to correct it, you have a personal injury claim against the property owner.

Avon representatives are NOT employees, but rather true "independent...
Read more »

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