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Illinois Wrongful Death Questions & Answers
1 Answer | Asked in Wrongful Death for Illinois on
Q: My aunt was planning to file a medical malpractice suit but she died from complications from her surgery. Should her

family continue with that claim or file a new suit for wrongful death, or both?

Peter N. Munsing
Peter N. Munsing
answered on Jan 3, 2018

Her family may continue that case and discuss with the attorney including those claims in a wrongful death claim.If she hasn't already had an attorney involved, consult a member of the Illinois Trial Lawyers Assn who handles death cases due to medical negligence--they give free consultations.

1 Answer | Asked in Wrongful Death for Illinois on
Q: If my significant other is killed in a car accident that wasn't their fault, can I sue the negligent driver for loss of

consortium? We never got married, but we have been together exclusively for over two decades.

Peter N. Munsing
Peter N. Munsing
answered on Dec 12, 2017

Check with a member of the Illinois Trial Lawyers Assn--most states don't recognize common law marriage but some do.

1 Answer | Asked in Juvenile Law, Personal Injury and Wrongful Death for Illinois on
Q: I have a case dismissed w/ prejudice, appeal time expired. Can I refile for the juvenile? Death of Dad.

Mom filed on behalf herself and juvenile. Dismissed on 2-622 delay. SOL claimed. But child is a minor- doesn’t his claim stand?

Peter N. Munsing
Peter N. Munsing
answered on Dec 12, 2017

I assume they had an attorney. If not they need to consult a member of the Illinois Trial Lawyers Assn. Generally, the wrongful death claim may be barred, the childs claim for future support and loss of companionship might possibly survive.

1 Answer | Asked in Wrongful Death for Illinois on
Q: Is there a statute of limitations for filing a wrongful death claim?
Peter N. Munsing
Peter N. Munsing
answered on Nov 30, 2017

You bet. It varies by state. There are a few exceptions. In Illinois it's a minimum of one year but will go out as far as the statute of limitations for the underlying case. In other words it it is a negligent or careless act that caused it, that statute of limitation is 2 years so the... Read more »

2 Answers | Asked in Wrongful Death for Illinois on
Q: My daughter was killed in a car accident and the other party was definitely at fault. She was a med student. How do we

as her parents determine her future earnings so we can sue for lost earning potential?

Josh Rohrscheib
Josh Rohrscheib
answered on Oct 23, 2017

This is an unimaginably difficult situation for any parent to endure. Please do not add the burden of trying to navigate the complexities of handling a wrongful death action on your own. There are many nuances to handling these claims, including complexities concerning medial liens, determining... Read more »

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1 Answer | Asked in Wrongful Death for Illinois on
Q: My son was at fault in a car accident

- the other person said he was fine at the time and never told the police he was injured, but then about a week later he died. Will my son get sued for wrongful death?

Charles Candiano
Charles Candiano
answered on Oct 9, 2017

We are attorneys, not soothsayers. 1.) It all depends upon whether the death is relatable to any injury sustained in the accident; and 2.) If your son is sued, his insurance will pay EVERYTHING, including his attorney. There is no cause for concern.

1 Answer | Asked in Animal / Dog Law and Wrongful Death for Illinois on
Q: My dog was killed in our back yard on his cable he was a pug and the other 2 dogs came into our yard that were pit bulls

These dogs are known aggresive and the town has warned the people but they still let them run los the owners even bragged that the dogs were aggressive on social media sites the police have the choke colar from one of the dogs as evidence my wife saw the whole thing and when she tried to help the... Read more »

Peter N. Munsing
Peter N. Munsing
answered on Oct 9, 2017

Contact a member of the Ill.Trial Lawyers Assn in your area--they give free consults. However, "bystander trauma" usually only occurs if it's a human relative that is under attack, not an animal. But get the free consult.

2 Answers | Asked in Wrongful Death for Illinois on
Q: my little brother die at work parents she fed gov. Settling out of court already how long till I receive my share?

And can I borrow against my share not all just sum to get me by can I do this

Charles Candiano
Charles Candiano
answered on Sep 11, 2017

If your brother died in a work injury, in Illinois, your parents would NOT receive anything unless 3 conditions are met: 1.) He was not married; 2.) He had no Children; and 3.) Your parents were financially dependent upon your brother. Your parents may or may not get any money but YOU are NOT... Read more »

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2 Answers | Asked in Wrongful Death for Illinois on
Q: My grandson died in a motorcycle accident - he wasn't wearing a helmet

-- but didn't wear one b/c the driver said he didn't need it. As the grandparent, can I sue the driver?

Charles Candiano
Charles Candiano
answered on Sep 8, 2017

We need more details to provide any meaningful answer. Who you can sue depends upon who caused the accident and what your grandson died from.

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3 Answers | Asked in Wrongful Death for Illinois on
Q: If someone dies in an auto accident, but they were drunk, can the family sue the bar that

served the person for wrongful death?

Charles Candiano
Charles Candiano
answered on Aug 18, 2017

Yes, provided that you can prove that the defendant was served alcohol when he was "obviously intoxicated."

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2 Answers | Asked in Wrongful Death for Illinois on
Q: Can I file a wrongful death claim against a drunk driver that killed my husband?
Gary W. Wangler
PREMIUM
Gary W. Wangler
answered on Jul 29, 2017

Of course. Consult an attorney immediately as there are strict time limits to this kind of case. If you call my office I will answer any questions you may want to ask, free of charge.

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2 Answers | Asked in Wrongful Death for Illinois on
Q: What are the types of accidents that can lead to a wrongful death case?
Peter N. Munsing
Peter N. Munsing
answered on Jul 7, 2017

If you think you have a case contact a member of the Illinois Trial Lawyers Assn--they give free consultations.

Short answer is a death that is caused by the carelessness of another person or corporation.

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1 Answer | Asked in Wrongful Death for Illinois on
Q: Who can sue for wrongful death on behalf of minors who have lost a parent?
Peter N. Munsing
Peter N. Munsing
answered on Jun 20, 2017

Normally, the estate of the parent would have a claim, the minors would sue through their legal guardian.

2 Answers | Asked in Wrongful Death for Illinois on
Q: For a death resulting from a fire in an unsafe structure, would the landlord or the city be legally responsible?
Gary W. Wangler
PREMIUM
Gary W. Wangler
answered on May 26, 2017

Potentially both. It is impossible to address all possible circumstances where liability might be imposed without more information than what you have provided. You should consult an attorney immediately in order to protect and preserve your rights. There are strict time limits governing suits for... Read more »

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4 Answers | Asked in Wrongful Death for Illinois on
Q: Can you sue the government in a wrongful death case?
Charles Candiano
Charles Candiano
answered on May 5, 2017

Of course. If you are suing the State of Illinois, you must do so in the Court of Claims. If you are suing the Federal government, you must do so in Federal Court.

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2 Answers | Asked in Wrongful Death for Illinois on
Q: How long do wrongful death lawsuits usually take?
Peter N. Munsing
Peter N. Munsing
answered on Apr 14, 2017

Depends entirely on the cirucmstances. If the deceased was at fault it may be a long time. Product liability, other cases can take a long time.

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1 Answer | Asked in Wrongful Death for Illinois on
Q: What relationship do you have to have to file a wrongful death case?
Charles Candiano
Charles Candiano
answered on Mar 24, 2017

Any family member, typically a spouse, child, sibling, or parent.

1 Answer | Asked in Wrongful Death for Illinois on
Q: If you win a wrongful death judgment can your deceased spouse's creditors access that money?
Peter N. Munsing
Peter N. Munsing
answered on Mar 3, 2017

That part of the recovery that is through the estate, possibly. Talk to your lawyer about that--that's what they are there for. Get the verdict, then wonder who gets what.

1 Answer | Asked in Wrongful Death for Illinois on
Q: My grandmother filed a negligence lawsuit against a hospital on behalf of my uncle who died there.

her lawyer instructed her to notify the family about the case. She (nor I for that matter) understands why she had to notify the rest of the family unless they have right to be included in the lawsuit as well. Is family inclusion protocol or entitled to something?

Peter N. Munsing
Peter N. Munsing
answered on Feb 6, 2017

Usually, it's only the immediate family that inherits, but most states have rules stating that relatives of a certain degree oiut from the nuclear family need to be notified as there may be circumstances where they might inherit if there is no will.

She should talk to the lawyer about...
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3 Answers | Asked in Wrongful Death for Illinois on
Q: What is the difference between a civil wrongful death suit and a criminal claim for the death of a loved one?
Steve McCann
Steve McCann
answered on Jan 27, 2017

There are many differences, the main one being a civil case is in civil court and a criminal case is in criminal court. In addition, in a criminal case, the government prosecutes the defendant and in a civil suit, you would hire your own civil attorney to represent you. Finally, in criminal court... Read more »

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