Who Can File a Wrongful Death Lawsuit in Illinois?
Key Takeaways Only one person can file: the personal representative of the estate. Not the spouse, not the children, in their own names. But the money is not the estate’s. It is held for the exclusive benefit of the surviving spouse and next of kin. It is not split equally. The court divides it by […]
Do You Need an Autopsy for a Wrongful Death Case?
Key Takeaways No Illinois statute requires an autopsy to bring a wrongful death claim. Cause of death can be proved by medical records, treating physicians and expert opinion. But an autopsy is often the strongest single piece of evidence, and once burial or cremation happens the chance is usually gone. In many deaths you do […]
How Illinois Splits Fault in a Slip and Fall Claim
Key Takeaways You recover as long as your share of the fault is 50% or less. The bar under 735 ILCS 5/2-1116 applies only when your fault is more than 50%. At exactly 50% you still recover, at half. Anyone who tells you 50% ends the claim is describing a different state’s rule. Every percentage […]
The 6 Things You Must Prove in an Illinois Fall Claim
Key Takeaways Falling on someone’s property is not a case by itself. Illinois makes you prove the owner was careless, not merely that you were hurt. The duty is one standard for every lawful visitor: reasonable care under the circumstances, under 740 ILCS 130/2. Customer or guest makes no difference. Notice is where most claims […]