At Mancini Law Group, P.C., our Chicago wrongful death attorneys know how difficult it is to lose a loved one under any circumstances, but losing parents to negligence is one of the hardest things a child can endure.
Not only does the child lose the emotional support of the parent, but their stability and financial support may also be lost, making their future incredibly challenging.
Whether it was a traffic collision caused by a drunk driver, medical malpractice, or from the use of a dangerous product, minor children are going to feel the traumatic stress from their loss for the rest of their lives, and Cook County personal injury attorneys believe they need all the help they can get to hold the negligent person or party liable for the incident that took their lives.
Since a person under the age of 18 years old does not have the legal capacity to file a lawsuit in Illinois, our attorneys can help create legal solutions that will allow our clients to pursue a wrongful death claim to seek the justice they deserve.
Wrongful Death Recovery for Minors in Illinois: Option One
The first legal option to hold a negligent person or party accountable for the loss of a minor’s parent(s) is to file the claim on behalf of the child(ren).
Under the Illinois Wrongful Death Act, both minor children and adult children may pursue compensation for their economic losses resulting from the death of their parents.
If the deceased parent(s) did not have a Will that outlined an appointed personal representative — often called an executor — to handle their estate plan, the Illinois court system will usually appoint one for them.
The surviving family member(s) are then required to open a probate estate, which provides the judicial oversight necessary to ensure the case is properly handled and — if won — financially distributed.
In these cases, our Chicago wrongful death attorney will seek maximum justice and maximum results for our clients while guiding them through the legal process with compassion and skill.
Wrongful Death Recovery for Minors in Illinois: Option Two
Since minors under the age of 18 cannot bring a lawsuit on their own, our wrongful death attorney may assess their case for the future, as the statute of limitations can be tolled until they reach adulthood at 18.
Essentially, this means the clock does start until that person reaches the age of 18.
Simply put, if a minor is nearing the age of 18 when their loss occurs, it may behoove them to wait until they reach the legal age to file a wrongful death claim with an attorney on their own.
This will remove the representative from the equation, and the wrongful death statute, when the then 18-year-old initiate litigation against the responsible parties. The statute of limitations will resume when he or she turns 18, meaning the wrongful death claim must be filed within two years after that date.
If you lost your parents to negligence in Illinois, and have questions about who and how you can pursue the liable party for the financial recovery you will need to secure your future, 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 to discuss your case today. Your need for justice is our passion for justice.