In this segment of the “What should I know about wrongful death law?” video, the speaker delves into the intricacies of filing a wrongful death lawsuit, shedding light on the crucial steps involved and why a wrongful death lawyer can be beneficial. This legal recourse becomes necessary when a loved one’s demise is attributed to another’s negligence, providing surviving family members with a means to seek compensation.
The speaker underscores the significance of obtaining medical records in this process, as they play a pivotal role in investigating the cause of death and establishing the grounds for a wrongful death case, even in the absence of an autopsy. In Illinois, the law permits any heirs of the deceased to seek recovery, with the distribution of funds contingent upon their relationship with the departed and their survivorship status at the time of death.
Importantly, the distribution of funds is not necessarily equal among heirs, and in cases of disagreement, a judge intervenes to determine fair shares. It’s noteworthy that the money obtained through a wrongful death lawsuit bypasses the deceased’s estate, remains unaffected by creditors, and extends to losses incurred due to the negligence leading to the death of an unborn child or a stillbirth.
The speaker also stresses the temporal aspect, highlighting that family members have a two-year window to initiate a wrongful death lawsuit, emphasizing the need to consult with a lawyer due to potential exceptions. Wrapping it up, they emphasize the critical role of a wrongful death lawyer in understanding the rights and navigating the complexities involved in seeking justice for a relative’s wrongful death.