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 »
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 »
Sounds like an assignment. The Assignment should be done by the assignee, not by others.
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.
recover damages?
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 »
the rest of the siblings?
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.
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 »
Absolutely - Whether or not you will win is entirely a separate matter.
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 »
Depending on the situation, care to elaborate?
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.
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.
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 »
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 »
Sloppy yes. Illegal, no.
Likewise for autopsy.
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 »
family continue with that claim or file a new suit for wrongful death, or both?
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.
consortium? We never got married, but we have been together exclusively for over two decades.
Check with a member of the Illinois Trial Lawyers Assn--most states don't recognize common law marriage but some do.
Mom filed on behalf herself and juvenile. Dismissed on 2-622 delay. SOL claimed. But child is a minor- doesn’t his claim stand?
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.
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 »
as her parents determine her future earnings so we can sue for lost earning potential?
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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