When a loved one dies due to the wrongdoings or negligence of someone else, it is not uncommon to feel a deep sense of sadness and yearn for some form of justice. This is why the State of Illinois makes it possible to sue for wrongful death in an effort to obtain compensation for lost companionship, medical/funeral expenses, lost wages, and more.
Here we’ll go over some of the basics surrounding wrongful death claims in Illinois including how long you have to file and how long they typically take to settle.
How Long Does it Take to Settle a Wrongful Death Claim in Illinois?
As a general rule, an Illinois wrongful death suit can take 2-3 years from start to finish. There are some exceptions to this rule because there are a number of factors that can prolong such a case:
Insurance Companies
Insurance companies are one of the most significant roadblocks in a wrongful death case because they are responsible for paying out money to settle claims. At first, they might try to push a low settlement offer to the family of a deceased. However, if you decide to reject the offer and move forward with a case, these large companies will slow the case down to a crawl. They will do whatever it takes to prolong it so they can hold onto their money for as long as possible.
Courtroom Delays
In nearly every instance, bureaucracy is the enemy of efficiency. While normal court procedures can be lengthy on their own, it becomes especially true if a defendant refuses to admit wrongdoing and takes advantage of the system to slow the case down. Refusal to admit wrongdoing can lead to lengthy discovery events like taking depositions, retaining expert witnesses, issuing subpoenas and reviewing thousands of pages of records.
Obtaining Evidence
Building a strong wrongful death case hinges on securing all relevant information. However, some involved parties may be reluctant to cooperate, potentially hiding evidence or delaying its release. To counter this, lawyers can employ legal instruments such as subpoenas, depositions, and interrogatories to compel the production of essential details.
Multiple Liable Parties
Cases involving multiple defendants (e.g., multiple drivers in an accident) tend to be more intricate and require additional investigation into each party’s role. This can lead to a longer settlement process.
How Long You Have to File Wrongful Death Claims in Illinois
Unlike some other states, Illinois has a specific window of time in which wrongful death claims must be made. This window is a maximum of 2 years after the date of death. However, if the deceased died due to “violent intentional conduct”, the suit can be filed within 5 years of the date of death. The window may sometimes vary on a case-by-case basis, but these are the general guidelines.
If you are unsure of when to file a wrongful death claim, you can give us a call for a free consultation to talk it through. Time is of the essence!
Brian Lewis is Here to Help You Win Your Wrongful Death Claim
Whether you’ve been injured or have lost a loved one due to someone’s negligence, Brian Lewis is an experienced Chicago wrongful death attorney who has helped families achieve justice since 1997. He will walk you through every step of the process, lifting the burden off your shoulders and giving you the knowledgeable representation that you and your loved ones deserve. Brian’s litigation experience and passion to hold people accountable have allowed him to win more than $100 million in damages throughout the course of his career.
Contact Brian Lewis today if your loved one has passed away or has been injured due to someone else’s negligence.
