In recent years, the news has been full of stories involving fatal shootings. Sadly, this trend does not look like it is slowing anytime soon. If your loved one died from a gunshot wound, you may be looking for justice. 

The criminal justice system is tasked with penalizing perpetrators of violence. However, even if a perpetrator is convicted and put in jail, this does not offer any restitution to the victim’s family.

Another legal avenue you may want to consider is filing a wrongful death claim on behalf of your loved one. A wrongful death claim can be used to recover financial compensation for funeral and medical expenses, the loss of your loved one’s income, and other financial losses.

Few people would doubt that young adults are not always wise decision-makers, but sometimes the actions of a minor cross the boundary from unwise to careless or even malicious. When this happens, the consequences for the minor’s peers can be disastrous. When vehicles are involved, this is especially true, since bad driving can have dangerous and even fatal consequences. Road racing, speeding, driving under the influence of drugs or alcohol, or reckless joyriding have all resulted in fatalities in Illinois. 

If you lost your child in a car accident because one of your child’s friends was driving dangerously, you may be wondering whether you can take legal action against the responsible young adult or his or her parents. To learn more about this area of Illinois law, read on and then contact an Illinois wrongful death attorney who can help you determine whether to move forward. 

What is the Illinois Parental Responsibility Law? 

Young adults up to 19 years of age who still live with their parents may be covered by the Illinois Parental Responsibility Law, depending on their actions and the consequences thereof. True accidents - in which the minor was responsible but not because of malicious or intentional actions - are not covered by this law. Instead, it covers minors who act in “willful or malicious” ways and cause damage to another person’s body or property. This can be a cloudy area of law because proving intent can be difficult, especially if the responsible minor is dead or seriously injured themselves.  

A wrongful death claim is a legal action that an individual may choose to take after the loss of a loved one. Medical malpractice, car accidents, construction site accidents, workplace accidents, and other incidents involving negligence or wrongdoing may lead to a wrongful death claim. If you have recently lost a spouse, parent, child, or another relative, you may be interested in exploring your legal options. Read on to learn about wrongful death laws in Illinois and what you should do if you believe your loved one’s death qualifies as a “wrongful death.”

Definition of a Wrongful Death
The death of someone you love is always heartbreaking, so you may be wondering, “When is someone’s death considered wrongful?” Illinois law states that a wrongful death is one that meets two criteria:

In 2017 alone, nearly 1,000 people lost their lives in fatal auto accidents in Illinois. Approximately one-third of these collisions involved a driver who was under the influence of alcohol or drugs. Throughout the United States, drunk driving is estimated to cause one death every 50 minutes. Losing a loved one because of the reckless actions of an intoxicated driver is a gut-wrenching experience to endure. If you have lost someone you love in a drunk driving (DUI) accident, a wrongful death claim may enable you to recover compensation while holding the responsible party accountable for your tragic loss.

Illinois Wrongful Death Claims
Although no amount of money could ever make up for the death of a spouse, parent, sibling, child, or another relative, a wrongful death claim can help mitigate the negative financial consequences of losing a loved one. Illinois law describes a “wrongful death” as one caused by a wrongful act, neglect, or default. Wrongful death claims are brought by a personal representative of the deceased person, often a spouse, adult child, or parent, and damages are paid for the benefit of the deceased person’s surviving spouse and next of kin.

If you have lost a loved one due to the careless or negligent actions of another person or entity, you may need to file a wrongful death claim in order to recover compensation for what happened. These cases can become incredibly complicated, and understanding how long it takes for a wrongful death claim in Illinois to settle revolves around various factors related to each particular case.

Understanding wrongful death claim timelines

It can be impossible to properly estimate how long a wrongful death claim will take to settle In Illinois. There are simply too many factors related to each particular case that can affect the length of the settlement process. How long a wrongful death claim takes revolves around whether or not the case is settled out of court or goes to trial.

Through a settlement

Most wrongful death claims are settled out of court. This can happen in one of two ways. First, a settlement may occur before a wrongful death lawsuit is even filed, typically through negotiations with the insurance carrier of the at-fault party. However, if the at-fault party refuses to offer a fair settlement, it may be necessary to file a wrongful death lawsuit. Even after a lawsuit is filed, most of these claims will be settled before they reach the courtroom. An Illinois wrongful death attorney will be in continuous negotiations with other parties involved while preparing a lawsuit.