Losing your spouse in a car crash is devastating. Besides your personal grief, you also have to keep dealing with tough logistical issues. Bills might be piling up. You might have lost the income your spouse provided. Your children still need your support.
In the midst of this pain, you wonder if you have any legal options. Illinois law allows surviving family members to file a wrongful death lawsuit when someone else’s negligence causes a death. Our Barrington fatal car accident attorneys can discuss your case with you and help you understand your options.
Who Can File a Wrongful Death Lawsuit in Illinois?
Illinois law is specific about who can bring a wrongful death claim. Under the Illinois Wrongful Death Act, 740 ILCS 180/1, only the personal representative of the deceased person’s estate can file a lawsuit. This is usually the person named in the will or appointed by the court if there was no will.