Recently, I was asked "Who can file a wrongful death lawsuit in Illinois".  In Illinois, this question is goverened by the Illinois Wrongful Death Act.  The law has undergone a myriad of changes and is the subject of many legal articles.  However, I'll try and answer that question here as straightforward as possible. 

Essentially, the law requires that the lawsuit for wrongful death be brought "by and in the names of the personal representatives" of the deceased person.  Thus, technically, anyone who is entitled to be named a "personal representative" can file a wrongful death lawsuit in Illinois.  However, this does not mean they are entitled to the money.  Rather, the money recovered "shall be fore the exclusive benefit of:

• the surviving spouse; and
• the next of kin

Moreover, the Court will divide the total amount between these two classes in the proportion that the percentage of dependency of each person had to the deceased person. 

What Can You Sue For

When discussing what you can sue for, or what you can obtain money for, Illinois Wrongful Death Lawyers call this "damages".  Essentially, this refers to the type of things a person can talk about during trial and the type of evidence that can be presented.  In wrongful death cases, the rules about what you can talk about and the evidence you can resent vary widely across the states.  I happen to think Illinois has a good set of laws.  Specifically, in an Illinois wrongful death case, you can present evidence as to the:

• Pecuniary Damages - the amount of money that has been lost such as if you are a stay at home mother and your deceased husband made all the money; or if the plaintiff is a child and relied on the deceased parent for financial support;
• Grief;
• Sorrow; and
• Mental Suffering

Of course, the ways to effectively present this to a jury vary widely.  Wrongful death cases are unlike many other personal injury cases in that there is generally no physical pain, or complex medical procedures to talk about.  Rather, the case is about what the loss of a loved one means to the plaintiff.  If there is any type of case in which the Illinois Wrongful Death Attorney must show the true depth of the relationship and bring out human emotions, it is the wrongful death case. 

Josh Myers is a founding partner of Schultz & Myers, LLC and President of Myers Injury Law, LLC.  Based in St. Louis, Missouri, his practice is limited exclusively to serious personal injury and wrongful death claims throughout all of Missouri and Illinois.  To further discuss a potential case, he can be reached toll-free at 888-956-2487.  It is always free to discuss a case and there are never any attorney's fees until and unless his firm recovers on your behalf.