Statute of Limitations for Filing Your Wrongful Death Claim in Illinois

Statute of Limitations for Filing Your Wrongful Death Claim in Illinois

Illinois’s statute of limitations for filing a wrongful death claim is two years from the date of death. This means that plaintiffs have to file a lawsuit two years after they find out about their loved one’s death. Violent intentional conduct includes acts intended to cause death or personal injury and produce either death or injury. According to Illinois laws, a wrongful death case can be completed a year after the case. This can be done if the person who caused the death committed any of the following crimes.

1.First-or Second-Degree Murder

Murder is an intentional killing of another individual and is considered the most serious offense in Illinois. The only way to mitigate a murder charge after the homicide is to prove that any violent, abnormal, or abnormal thought provoked you, causing you to commit the murder. Another option is to fight the murder charge if you can prove that you did not have any part in the act.

2. Involuntary Manslaughter

Negligence, which results in the death of another person, can be considered involuntary manslaughter. This occurs when a person with criminal negligence causes the death of another person. Examples include driving under the influence, falling asleep on the job, and accidentally killing someone. According to the Illinois laws, you may have a defense if you can prove that the person who died was at fault. This can be overcome by proving that your actions were not criminal but negligent.

3. Aggravated Battery

Aggravated battery is an intentional and violent act that results in the death of another person. It requires the intent to cause harm or death to another person against their will. The most common example in Illinois is the shooting and killing of a victim. The defendant may be charged with first-degree murder rather than the aggravated battery in this case.

4. Intentional Homicide of an Unborn Child

In an intentional homicide of an unborn child, the act is made to cause harm to the child in the womb. It is considered aggravated and not just a regular homicide. Examples include intentionally killing a child who is in her mother’s womb during an abortion or someone who is using illegal drugs. 

5. Drug-Induced Homicide

A drug-induced homicide requires the use of drugs and homicide to occur. It usually occurs among drug dealers selling illegal drugs or prescription drugs to people. While some of the murders are accidental, others are intentional. Most of the time, it is just one person involved in killing another person who died during an overdose or while using illegal or prescription drugs. These charges are often prosecuted as felony murder or aggravated battery, depending on what felony they committed at the time of death.

When you face any wrongful death charges, you should review the statute of limitations to determine if you have any rights to a lawsuit. It is also important to seek for legal assistance from an attorney with experience in wrongful death. They can help you recover the compensation necessary to support your life and family. 

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