Filing a wrongful death claim against the state, or a government entity, can be complicated. In fact, in some states, sovereign immunity laws shield governments from liability, even in instances of negligence. While the state of Illinois does allow for wrongful death claims to be filed against it, there are certain rules for doing so.
Filing a Claim Against the State
In some cases, the state – or one of its employees – acts in a negligent manner, contributing to the death of another person. For example, the driver of a government vehicle may fail to exercise care while driving, leading to a crash that results in the death of another. Or, a government entity may fail to repair a dangerous section of road or perform proper maintenance, contributing to an accident resulting in death. In order to recover compensation from the state, the plaintiff must prove that negligence occurred, and was the proximate cause of injury and death.
Who May File a Wrongful Death Claim?
According to 705 ILCS 505/22-1, “in actions for death by wrongful act, neglect, or default,” the person by whom the claim against the state is brought forth must be the executor of the decedent’s estate. If there is no will, then the claim may be brought forth by the administrator of the deceased, or “other personal representative.”
Time Limits for Filing a Wrongful Death Claim Against the State
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Damages Recoverable
In a wrongful death claim against the state, the plaintiff may be able to recover compensation for both economic and noneconomic losses, as is standard in wrongful death claims against non-government entities. That being said, the plaintiff may be barred from recovering punitive or exemplary damages when filing a claim against the state. To be sure, 745 ILCS 10/2-102 reads, “Notwithstanding any other provisions of the law, a local public entity is not liable to pay punitive or exemplary damages in any action brought directly or indirectly against it by the injured party or a third party.”
Filing a Wrongful Death Claim in Illinois
Filing a wrongful death claim is an emotional process, as well as a complicated one. When filing a wrongful death claim against the state, the process can be even more complex. To help you understand your options and your rights after you have lost a loved one to negligence, contact the skilled Chicago wrongful death lawyer, Mary Ann Covone Attorney at Law. Schedule your free case consultation by calling 708-246-4911.