Legal Question in Civil Litigation in Illinois

Re: Wrongful death

The short answer is, Yes. The parents, or one parent may bring a wrongful death action, if the facts otherwise support it. There is a short statute of limitations, so act early to protect your interests.

Re: Wrongful death

In general, the answer is yes. There are various procedural steps to complete before undertaking this. If you would like, please contact my office at phone: 312-357-1431 for a free consultation.

Re: Wrongful death

A wrongful death action is instituted by the estate of the deceased, by and through the probate court. The estate is the plaintiff. Any interested person can open the probate estate, including a parent. One of the first things done in the probate case is the appointment of a representative (administrator, executor) of the estate. Either parent of the deceased would be well-qualified in the eyes of the court to serve as the representative.

Although the parents may bring the probate case, and even be appointed the lawful representative of the deceased, the parents cannot recover here from the wrongful death case because the decent left a surviving husband. In Illinois, parents may not recover in a wrongful death action where the decedent had a surviving spouse. That means that, if the wrongful death case concludes with a recovery for the estate, the proceeds would be distributed to the husband (and surviving children).

However, this distribution of proceeds would only occur after payment of the expenses of the estate and payment of the decendant�s taxes and other debts. If the parents had advanced funds for or to the decedent or for or to the estate, they would be entitled to make their claim against the estate for reimbursement/repayment as with other third party creditors.

Should you require additional information or desire a consultation, please call our office at 630-510-1300.