Springfield, IL asked in Wrongful Death for Illinois

Q: Can I file a wrongful death lawsuit even it if's just my aunt and not my mother that died?

Her kids refuse to take action.

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1 Lawyer Answer
Jonathan Rosenfeld
Jonathan Rosenfeld
  • Chicago, IL
  • Licensed in Illinois

A: Usually, immediate family members have the right to file a wrongful death lawsuit. Your ability or standing to file such a case will depend on if there are other immediate family member and if your aunt left a will. If your aunt left a will, the executor of the will would likely be the person who is entitled to initiate a case. If you were close with your aunt, you may have grounds to file a lawsuit. If there are other family members who also assert a right to file a case, a judge would likely have a hearing prior to the distribution of any settlement proceeds. As you can tell, these situations become complex and it is best to meet with an attorney who has experience with wrongful death litigation who can help advise you of your legal rights and options under Illinois law. Good luck to you.

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