Can I Bring A Case On Behalf Of A Deceased Person?


A: Yes. They may be gone, but they are never forgotten. Although you may have lost a loved one, it is still in your power to protect their rights, get compensation for your loss and find out what happened. By finding out what happened, you may prevent other deaths and injuries.

Bringing a case on behalf of a deceased person is somewhat complicated. Estates of the deceased are usually governed by the Illinois Probate Act. The act specifies the terms under which a person may act on behalf of someone who died. Usually, an estate is set up to represent the interests of the deceased person or a Special Administrator is appointed. There are two types of cases that can be brought on behalf of deceased victims:

(a) Wrongful Death

A wrongful death case is brought for the benefit of family and children of the deceased who have suffered loss of love, service, support, grief and affection. Whether or not you may be considered a wrongful death beneficiary is subject to the probate act's guidelines. Procedurally, we are required to go into court and appoint a party to act as the estate's administrator. You must act quickly to protect your rights. The administrator or executor is empowered to hire counsel to represent the interest of the estate. The court will ultimately determine how to distribute the proceeds of any claim based on an agreement of the heirs or if there is disagreement, based on a percentage of dependency. 

(b)   Survival Claims

The deceased also has a potential right to recovery for pain and suffering consciously experienced before death. This right is significant. This type of recovery is also distributed pursuant to the terms of the probate act.

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Richard F. Mallen & Associates, Ltd
228 South Wabash Avenue, Suite 420
Chicago, IL 60604
Phone: 312-346-0500
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