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Illinois Wrongful Death Questions & Answers
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
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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... View 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... View More

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2 Answers | Asked in Wrongful Death for Illinois on
Q: Will a personal injury lawsuit convert to wrongful death if the injured person ends up dying as a result of negligence?
Steve McCann
Steve McCann
answered on Jan 7, 2017

It is certainly a possibility, but it will depend on specific facts regarding causation. Whether it is a personal injury lawsuit, or a wrongful death action, you should undoubtedly be represented by an attorney. If you are not, you should consult with on individually as soon as possible. A... View More

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2 Answers | Asked in Car Accidents and Wrongful Death for Illinois on
Q: if my sister is the administor of my mother death claim can she not give me my money. She lives in Indiana, my mom died

Or is it up to a judge. My mother stayed with my sister who lives in Indiana, where the car accidentally took place, the rest of her kids live in ILLINOIS. Can she not give us our half. We are not on speaking terms and she's money hungry. Thank u

Peter N. Munsing
Peter N. Munsing
answered on Dec 6, 2016

You need to contact a member of the Indiana Trial Lawyers Assn in the county where your mom died. She has to file an accounting with the Court, provide you notices,but I'm getting the view that she may not. At the same time you may have issues over "crashywortiness" --if the wreck was survivable.

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2 Answers | Asked in Wrongful Death for Illinois on
Q: I was in a car accident that was not my fault. My injuries from the accident caused me to miscarry.

Can I sue for wrongful death?

Peter N. Munsing
Peter N. Munsing
answered on Dec 5, 2016

It is hard to prove that the miscarriage was caused by the fallout from the wreck and not anything else. Contact a membef of the Illinois Trial Lawyers Assn--they give free consults.

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2 Answers | Asked in Wrongful Death for Illinois on
Q: How are future damages calculated in a wrongful death suit where the decedent is a college student

(very intelligent but doesn't currently have a job)?

Peter N. Munsing
Peter N. Munsing
answered on Nov 11, 2016

based on average earnings, transcripts. Why not ask your lawyer. You should have one. Death cases are not d.i.y.

Contact a member of the Illinois Trial Lawyers Assn--they give free consults.

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3 Answers | Asked in Wrongful Death for Illinois on
Q: My daughter was killed by a repeat drunk driver who was driving without a license.

Are we able to file a wrongful death claim against this person even though he's also been charged criminally?

Steve McCann
Steve McCann
answered on Oct 20, 2016

First and foremost, I am painfully sorry to hear about your lose. My deepest condolences. To answer your question, yes, you are certainly able to file a wrongful death claim against the person even though he has been charged criminally. Before taking any action on the matter, I would recommend... View More

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1 Answer | Asked in Wrongful Death for Illinois on
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.

Peter N. Munsing
Peter N. Munsing
answered on Oct 12, 2016

An estate needs to be raised. The estate has a claim. A spouse has a claim. Minor children have a claim. In some states under certain circumstances the adult children have claims. But nieces and nephews can't do anything. You can ask the surviving immediate family if they would mind if you... View More

1 Answer | Asked in Wrongful Death for Illinois on
Q: My dad passed away after accidentally mixing the wrong prescription drugs.

Is it possible to sue the doctor or pharmacy for wrongful death?

Peter N. Munsing
Peter N. Munsing
answered on Oct 6, 2016

Assuming it wasn't malpractice to prescribe that combination then no. But as it may be why not consult a member of the Illinois Trial Lawyers Assn who handles medical cases. There are statute of limitations and other issues so do this soon.

If you have any of his medications --i.e....
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3 Answers | Asked in Wrongful Death for Illinois on
Q: My spouse was killed by a person running a red light.

The person didn't get jail time but I know he has a one million dollar insurance policy -- can I sue him to get that full amount?

Drew R. Ball
Drew R. Ball
answered on Sep 29, 2016

I am sorry for your loss. But yes you can sue, there are numerous issues that need to be vetted first. I strongly suggest you contact an attorney.

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2 Answers | Asked in Civil Litigation, Contracts, Health Care Law and Wrongful Death for Illinois on
Q: My mom passed away in a hospital and the day before, the hospital claimed she signed a DNR paper but I was her POA.

Wasn't I suppose to be informed? Can I sue for neglence if they felt like they did all they could do for my mother? I ordered a complete record of her file and the DNR paper is not there or my power of attorney papers not there neither. Do I have a case?

Peter N. Munsing
Peter N. Munsing
answered on Sep 28, 2016

Unless they did something wrong, not necessarily. Many people give a power of attorney to others "just in case." that doesn't mean that whoever deals with them has to ask the person holding the POA if the person who gave it is right in front of them and looks to be in an... View More

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1 Answer | Asked in Wrongful Death for Illinois on
Q: My neighbor's kid was killed in an motorcycle accident -

- he had only been riding it for a week or so. He was taught to drive it by another neighbor -- can my friend sue this person for wrongful death if they weren't certified to teach anyone to drive a motorcycle?

Peter N. Munsing
Peter N. Munsing
answered on Sep 20, 2016

Was he licensed? Did your neighbor know and allow this? Did your neighbor buy him the bike? It is possible they could sue the neighbor but the best way to find out is for the neighbor to contact a member of the Illinois Trial Lawyers Association.They give free consultations.

1 Answer | Asked in Wrongful Death for Illinois on
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.

Jonathan Rosenfeld
PREMIUM
Jonathan Rosenfeld
answered on Sep 14, 2016

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... View More

1 Answer | Asked in Wrongful Death for Illinois on
Q: Is there any difference between filing a wrongful death claim for a minor vs. one for an adult?
Peter N. Munsing
Peter N. Munsing
answered on Sep 7, 2016

The case is bfought for the estate. The minor may have a claim for loss of companionship etc if they were close. Suggest you contact a member of the Illinois Trial Lawyers Assn--they give free consultations.

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