Can a Minor Child File a Wrongful Death Claim in Illinois?
At Mancini Law Group, P.C., our Chicago wrongful death attorneys understand how devastating it is to lose a loved one under any circumstances. However, losing a parent due to negligence is one of the most traumatic experiences a minor child can endure.
Not only does a child lose the emotional support of their parent, but they may also lose financial stability and guidance, which can make their future incredibly challenging.
Whether the loss resulted from a drunk driving accident, medical malpractice, or a dangerous or defective product, minor children often experience long-term emotional and psychological trauma. Our Chicago personal injury lawyers believe they deserve strong legal advocacy to hold the negligent person or party accountable.
Because a person under the age of 18 does not have the legal capacity to file a lawsuit in Illinois, our Chicago wrongful death attorneys can create legal solutions that allow families to pursue a wrongful death claim and seek the justice they deserve.
Wrongful Death Recovery for Minors in Illinois: Option One
The first legal option to hold a negligent individual or entity accountable for the loss of a minor’s parent is to file a wrongful death claim on behalf of the child.
Under the Illinois Wrongful Death Act, both minor children and adult children may pursue financial compensation for the economic losses resulting from the death of their parent(s).
If the deceased parent did not have a will naming a personal representative (executor), the Illinois court system will typically appoint one.
The surviving family member(s) must then open a probate estate, which provides judicial oversight to ensure the wrongful death case is properly handled and any financial recovery is fairly distributed.
In these cases, our Chicago personal injury attorneys pursue maximum justice and maximum results while guiding families through the legal process with compassion and care.
Wrongful Death Recovery for Minors in Illinois: Option Two
Because minors under the age of 18 cannot file a lawsuit independently, our Chicago wrongful death lawyers may evaluate whether it is best to delay filing until the child reaches adulthood.
Under Illinois law, the statute of limitations may be tolled (paused) until the minor turns 18 years old.
This means the legal clock does not begin until the child reaches adulthood.
In situations where a minor is close to turning 18, it may be advantageous to wait and allow them to file the wrongful death claim on their own, without the need for a representative.
Once the individual turns 18, the two-year statute of limitations begins, meaning the claim must be filed within two years of their 18th birthday.
If you lost your parent due to negligence in Illinois and have questions about who can file a wrongful death claim and how to pursue financial recovery, contact our experienced Chicago wrongful death attorneys at Mancini Law Group P.C. by phone at 773-745-1909 or online to schedule a free, confidential consultation today.
Your need for justice is our passion for justice.