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Illinois Wrongful Death Questions & Answers
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
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 executor of the... 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 most common... 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 contractors" so...
Read more »

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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 wrongful... 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 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.

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