The death of a child is one of the most tragic events a parent will ever experience. Unfortunately, in some instances, wrongful death may be to blame. Illinois’s statute of limitations for filing a wrongful infant death claim is complex and challenging to understand.
A Closer Look
Wrongful infant death is a tragic occurrence that can devastate the deceased’s family. It is defined as any death of an infant caused by negligence or unlawful act of another person, company, or government entity. This includes medical malpractice, car accidents, and physical abuse.
When a wrongful infant death occurs, it’s essential to understand the legal implications and any statutes of limitation that may apply to your case. The law of rules for wrongful infant death in Chicago, Illinois, is two years from the date of injury or discovery. This means that if you don’t file a lawsuit within two years of when the wrongful act occurred or was discovered, you will likely be unable to seek compensation for your loss.
Legal Implications
When seeking compensation for wrongful infant death, it is essential to understand the legal implications and the statute of limitations. It is also important to know how these laws apply in Illinois and how they could affect your case. This is especially true regarding criminal activity cases since they are handled separately under Illinois law.
In some cases, strict liability and product liability claims may be exempt from the two-year statute of limitations. Therefore, consulting with an experienced Chicago wrongful death attorney who understands these nuances can be invaluable in ensuring that you receive maximum compensation for your loss. An attorney will also be able to advise you on the best course of action for filing a wrongful infant death claim.
With a thorough understanding of the applicable laws and regulations, you can ensure that you are taking full advantage of your legal rights and have the best chance at obtaining justice for your family’s loss.
Eligibility Requirements
It is important to understand the eligibility requirements for filing a wrongful infant death claim in Chicago, Illinois. Depending on the circumstances of the death, different criteria may apply, so it is wise to consult with an experienced attorney to ensure you completely understand the situation.
The individual filing must be either a surviving parent or grandparent of the deceased child, as well as an executor or administrator of the deceased’s estate. The individual must also demonstrate that they can prove that negligence was a factor in the death and provide proof that they suffered financial losses due to the incident. Additionally, the individual must file within two years of becoming aware of the death or should have become familiar.
In addition to these basic requirements, other factors can affect eligibility, such as whether or not criminal activity occurred during the incident and any extenuating circumstances surrounding it.
Time Frame For Filing A Claim
After meeting the eligibility requirements, it is essential to understand the time frame in which a wrongful infant death claim must be filed. Generally, a claim must be filed within two years of when an individual learns of or should have reasonably known about the death. These two years are referred to as the statute of limitations and are designed to ensure that claims are not brought too long after an incident has occurred.
It is important to note that there are certain exceptions to the two-year rule. These can include instances where there was criminal activity involved in the death or extenuating circumstances that prevented an individual from being able to file a claim within two years. In these cases, additional time may be granted for a claim to be filed successfully.
When considering filing a wrongful infant death claim, individuals must consider all the relevant factors surrounding their situation to ensure they meet all requirements and file within the appropriate timeframe. Consulting with an experienced attorney can help ensure that those affected by such tragedies are able to get justice and seek recompense for their losses.
Exceptions To The Statute Of Limitations
In some cases, exceptions to the two-year statute of limitations may be granted. This can include situations where criminal activity was involved in the death or extenuating circumstances prevented an individual from filing within the two-year timeframe. In these instances, courts may grant additional time to file a wrongful infant death claim.
If a person was unaware that their child had died due to medical malpractice until after the two-year statute of limitations had passed, they might be able to request additional time to file a claim. The exception also applies if the criminal activity occurred at the time of injury. Similarly, if a person was incapacitated or unable to file within two years due to mental or physical illness, they may also be granted an extension.
Anyone considering filing a wrongful infant death claim must consult a qualified attorney who can determine eligibility and advise on recoverable damages in such cases. An experienced attorney can guide families through this complex process and ensure their rights are protected.
