You received devastating news and discovered that your loved one passed away after a terrible accident caused by a drunk driver. While you feel anger at first, grief and anxiety settle later. Their significant role in the family puts you and your children in an uncertain situation.
In Illinois, the law provides specific pathways for recovering losses. Understanding the legal process is one step closer to holding the at-fault party accountable.
Filing a wrongful death claim
In Illinois, only the personal representative of the deceased’s estate can file a wrongful death claim. While the representative files the paperwork, the lawsuit is for the benefit of the surviving spouse and next of kin.
If your loved one named you as executor in their will, then you may proceed with the legal process once the probate court issues Letters of Office. However, if there is no will, the court appoints an administrator.
Seeking punitive damages
Punitive damages are compensation that punishes the guilty party, serving as a deterrent to prevent them from committing the conduct again. Claiming this requires proving that the driver’s conduct was willful and wanton, fraudulent or malicious.
In Illinois, you cannot simply ask for punitive damages in your initial lawsuit filing. You need to file a special motion asking the judge for permission to add a claim for punitive damages. They will only grant this if you can show a reasonable likelihood of proving the defendant acted with the required level of recklessness.
Standing up for the rights of your loved one
Grieving the loss of a family member can be heartbreaking. One of the most impactful things you can do for them is to fight for their rights while keeping your family safe.
In Illinois, most wrongful death claims have a strict two-year deadline from the date of death. While a narrow five-year extension exists for claims against individuals charged with specific crimes, relying on this can be risky. Acting now can help you gather extensive evidence. Seeking legal counsel would be wise to learn more about the legal process.