If you lose a loved one as a result of someone else’s wrongful action or inaction, it is important to understand that you only have a limited time to assert your rights through the legal system. In the circumstance of a wrongful death that is a result of an auto accident, you have either two years from the date of the accident or one year from the date of the victim’s death, whichever is later. It is very important to be keenly aware of these deadlines because a failure to comply with the statute of limitations can result in a dismissal and no compensation, regardless of how strong your evidence is. That’s one reason why it is important to contact an experienced Chicago wrongful death attorney about your situation and the options for proceeding.
The underlying accident in a recent case, as reported by theherald-news.com, was a tragic car crash in the small village of Beecher in Will County. Sean, a 25-year-old local man, was allegedly speeding. In fact, he was allegedly going more than 20 miles per hour over the 55 mph speed limit when he blew through a stop sign and slammed into an SUV carrying a pregnant mom and her three young sons. The mother and youngest son died at the scene, while the other two boys died a few days later, according to the report.
The husband and father of the victims sued the driver under the Illinois Wrongful Death Act. Under the Illinois statute, only a limited number of people can bring a wrongful death action. These include a spouse, an adult child, or a parent (if the deceased person is a minor). Since the dead people in this case were the man’s wife and his three sons, he clearly was someone legally permitted to bring a wrongful death lawsuit.