Legal Question in Personal Injury in Illinois
death
my brother passed away, how long from the time of death do we as a family have till its too late to file a law suite against the hospital?
5 Answers from Attorneys
Re: death
Generally, cases arising out of malpractice have two years from the date of the injury or two years from the date of discovery but never more than 4 years from the date of the injury to file a claim.
What has the hospital done wrong? My office takes on this sort of cases, so I like to know more details about your claim.
I hope this helps-
Nima Taradji
Re: death
In general, the answer is two years from the date of death, although there are important exceptions to this rule. Please feel free to contact me if you would like to discuss this unfortunate matter.
Jeff Friedman
Re: death
Generally, wrongful death statutes are two years from time of death. However, if it is a malpractice issue, in Illinois, a lawsuit for medical malpractice must be filed within two years from the date the victim knew (or survivors), or should have known of the malpractice. However, all medical malpractice actions must be brought no later than four years from the date on which the medical malpractice occurred, even if the victim of the malpractice was unaware of the malpractice until more than four years later. If the victim of the malpractice is a minor, the statute of limitations is generally longer.
We must understand all the facts before we can tell you the exact statute which applies to your situation.
You can call or email our office at tsk@kalolaw. com for further information.
Re: death
Please accept my condolences. The general rule is 2 years. Feel free to email any additional questions that you may have.
Re: death
Dear Sirs:
Typically two (2) years from the date of malpractice but there are exceptions to this rule.
Many thanks,
John C. Wunsch