What If One or More of the Survivors Who Are Entitled to Bring a Wrongful Death Case Decide That They Do Not Want to Sue?

DuPage County Wrongful Death Attorneys

If one or more of the surviving family members entitled to pursue a wrongful death action choose not to sue, the action is not necessarily barred. As long as at least one survivor—or an administrator or executor of the decedent’s estate—wishes to pursue the case, the action may be filed.

If you have recently lost a spouse or a child due to the negligence or actions of another party, you may be entitled to seek damages for your loss through a wrongful death claim. Depending on the circumstances of the case, you may not feel that filing the action is the right option. It is your prerogative to feel that way, but it is important to keep in mind that your decision might not stop the case from moving forward.

Illinois Wrongful Death Actions

According to Illinois law, a wrongful death action may only be filed in the name of a Special Administrator on behalf of and for the benefit of the surviving spouse of the decedent and the next of kin. If all of the people who would be considered an administrator, spouse, or next of kin decide not to file the action, the opportunity to file will end once the statute of limitations expires.

If at least one family member or estate administrator with standing to file a wrongful death action wishes to proceed, he or she may do so, regardless of the wishes of other family members. In cases like these, the court may be required to appoint a Special Administrator to handle the case on behalf of the surviving family member.

To learn more, contact the offices of Salvi & Maher, LLP today. Call 847-662-3303 and schedule a free consultation at any one of our four convenient locations in Libertyville, Waukegan, Richmond, or Chicago.