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Illinois Wrongful Death Questions & Answers
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.

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.

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
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
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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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... Read 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... Read more »

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