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RayAnswers, Lawyer
Category: Family Law
Satisfied Customers: 42285
Experience:  30 years as a family law lawyer .
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My Mother passed away on April 21, 2017. I have questions

Customer Question

My Mother passed away on April 21, 2017. I have questions regarding her death and proof she should still be alive and here with us today, however, the hospital that she was in a few tests fell through the cracks and because of that lead to her death?
Submitted: 4 months ago.
Category: Family Law
Expert:  RayAnswers replied 4 months ago.

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

Expert:  RayAnswers replied 4 months ago.

You may want to have a personal injury lawyer file for wrongful death.This is strictly contingent you don't pay unless there is a recovery here.You have one year to file such a suit so consider pursuing this as there is time to do so.

Reference

740 Illinois Compiled Statutes 180 says, "Whenever the death of a person shall be caused by wrongful act, neglect or default, and the act, neglect or default is such as would, if death had not ensued, have entitled the party injured to maintain an action and recover damages," the person or entity that caused the death can be held liable in a wrongful death lawsuit.

The lawyer would also help you opening probate here.

In Illinois, a wrongful death claim must be filed by the personal representative of the deceased person's estate. The personal representative may be a close relative of the deceased person, such as:

  • a spouse of the deceased
  • a parent of a minor child who is deceased, or
  • an adult child of the deceased

If the deceased person died without appointing a personal representative in his or her estate plan, the court may appoint a personal representative.

The personal representative is responsible for pursuing the wrongful death claim as well as carrying out other key tasks related to the estate.

I hope you will pursue some justice here for your loved one.Certainly the lawyer can seek discovery including medical records from the hospital and doctors involved.

I appreciate the chance to help you today.Thanks again.

If you can positive rate 5 stars it is much appreciated.

Expert:  RayAnswers replied 4 months ago.

Here are Illinois personal injury lawyers with ratings you can use

https://www.avvo.com/personal-injury-lawyer/il.html

Thanks again and thanks for rating 5 stars.