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Illinois Wrongful Death Questions & Answers
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... Read 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 Ball
Drew 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... Read 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
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... Read 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.

1 Answer | Asked in Wrongful Death for Illinois on
Q: Is there a statute of limitations in filing a wrongful death claim?
Peter N. Munsing
Peter N. Munsing answered on Sep 2, 2016

Yes there is. In Illinois I believe it is two years from date of death. If you have a concern about a case consult a member of the Illinois Trial Lawyers Assn/Ill. Assn for Justice immediately.

1 Answer | Asked in Wrongful Death for Illinois on
Q: My wife went in for liposuction and died of septic shock a week later.

Should I be looking to sue the doctor or the practice the doctor works for?

Peter N. Munsing
Peter N. Munsing answered on Aug 25, 2016

You should be looking to consult a member of the Illinois Assn for Justice. They give free consultations. You will want her records. I'm assuming there is no statute of limitations problem.

2 Answers | Asked in Wrongful Death and Workers' Compensation for Illinois on
Q: My husband was electrocuted and died on the job.

I feel the workplace was unsafe. Do I sue his employer or the subcontractor who maintained the space?

Peter N. Munsing
Peter N. Munsing answered on Aug 17, 2016

I am very sorry. There may be a number of potential people to sue.You want to contact a member of the Illinois Assn for Justice who handles explosions and product liablity. They give free consultations. If you need help finding one let me know.

Generally you can't sue the employer if...
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1 Answer | Asked in Wrongful Death, Criminal Law and Car Accidents for Illinois on
Q: My niece was killed in a traffic accident - the person was driving without a license.

Is this wrongful death or can we get him charged for murder?

Peter N. Munsing
Peter N. Munsing answered on Aug 9, 2016

Wrongful death is civil--her family has a claim for that, and should see a member of the Illinois Trial Lawyers Assn/Assn for Justice--they give free consultations. May be a claim where there are "crashworthiness" issues.. Murder is a crime, and that's up to the DA. Murder requires... Read more »

1 Answer | Asked in Wrongful Death for Illinois on
Q: When does attorneys fee stop when lawsuit is settled? Can lawyer make more than client in wrongful death?

Lawyer settled in February and money not dispersed to client yet cause wants additional $80,000 for expenses. In addition to fee.

Peter N. Munsing
Peter N. Munsing answered on Jul 8, 2016

Normally a fee agreement covers 1) the fee and 2) the costs. In some cases the costs can be significant--as with product liaiblity cases, for instance. You should receive an itemized list of the expenses. The fee agreement will say whether or not interest is charged and its rate.The lawyer... Read more »

1 Answer | Asked in Wrongful Death for Illinois on
Q: When does lawyers fees stop after judgement is done?

Wrongful death settlement done in February through mediation. Lawyer has not paid 6 children yet.

Peter N. Munsing
Peter N. Munsing answered on Jul 8, 2016

The lawyers fees are contingent on the award, and usually have to be reviewed by a court handling the estate. So they don't keep running--they aren't hourly normally.

2 Answers | Asked in Wrongful Death for Illinois on
Q: Why would my wrongful death attorney drop a lawsuit after one and a half years and not even contact me.

My 38 year old husband died in the er. His diagnosis was pleurisy and URI and hypertension. He went back to the same er the next day and had a massive heart attack on the table. What he really had was an aortic dissection

Adam Studnicki
Adam Studnicki answered on Dec 28, 2015

Best to find another lawyer ASAP as there are strict deadlines for civil claims.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your specific situation. It...
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2 Answers | Asked in Wrongful Death for Illinois on
Q: Were can i get wroful death documents
Adam Studnicki
Adam Studnicki answered on Dec 28, 2015

For what purpose? Are you looking to file a lawsuit? Injury lawyers give free consultations.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your specific...
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1 Answer | Asked in Wrongful Death for Illinois on
Q: Are state governments which officially display or otherwise endorse the Confederate flag exposed to potential liability

...when someone like Dylann Roof commits a murder?

Adam Studnicki
Adam Studnicki answered on Nov 18, 2015

There are typically short deadlines for making claims against public entities.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your specific situation. It is...
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