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What’s Included in the Illinois Wrongful Death Statute?

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Illinois legislators have established the state wrongful death code

The Illinois Wrongful Death Act may be found in the state statutes at 740 ILCS 180. If you have lost a loved one due to someone else’s negligence or intentional acts, then it is important to familiarize yourself with the contents of this statute and to know how to ask for help with your claim.

The Different Sections of the Illinois Wrongful Death Act

The Illinois Wrongful Death Act is divided into different sections—each of which is important to your recovery. Some of the sections you need to know about include:

  • Section 1. If the person who died would have had a personal injury action had he survived then the person, business, or other entity responsible for the death may still be held liable.
  • Section 2(a). The personal representative of the deceased person’s estate has the right to bring a wrongful death lawsuit. The damages recovered are for the surviving spouse and next of kin. Damages may include fair and just compensation of financial injuries and grief, sorrow, and mental suffering.
  • Section 2(d). Generally, there is a period of two years to file a wrongful death claim or else the statute of limitations will expire.

While all of this information may be important to your recovery, it is not everything that you need to know about your potential recovery.

How to Get the Rest of the Information You Need

The Wrongful Death Act also has more detailed information about specific kinds of cases that you should discuss your wrongful death lawyer. Additionally, Illinois has common law, or a history of court cases, that might apply to your recovery and impact your ability to pursue a claim or recover damages.

Your life has been disrupted in one of the worst ways possible. The death of your loved one has changed everything and you don’t deserve to have any more unexpected surprises. Instead, you deserve to know what happens next and more about the pros and cons of pursuing a wrongful death case. For more tips and resources about protecting your Illinois wrongful death case, please browse our website or contact us directly to schedule a free, no-obligation consultation with an experienced and empathetic lawyer.

Jason F. Abraham
Managing Partner, Hupy and Abraham

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