How long do I have to bring a wrongful death lawsuit?

Stephen D. Phillips: He advises not to wait. A wrongful death claim is typically brought within two years of the death, with exceptions such as for minors.

Attorney Stephen D. Phillips · Wrongful Death · 54-second answer

Transcript

Automatically transcribed from the video’s audio and lightly edited.

We advise all our clients not to wait. A wrongful death claim should be brought as soon as possible because evidence disappears, evidence and memories fade, evidence isn’t as sharp and crisp. Typically, it’s two years to bring a wrongful death claim after the death of the deceased person. There’s exceptions. If there’s minors involved, if there’s other reasons why the statute of limitations may be extended. But those exceptions, we don’t advise clients to utilize those exceptions and we urge all of our clients to think it’s probably going to be two years from the date of death until proven otherwise. Don’t delay. Contact us as quickly as possible if you think you have a wrongful death claim.

Note: In Illinois the general deadline for a wrongful death claim is two years from the date of death (740 ILCS 180/2). Exceptions exist and depend on the facts, so ask a lawyer promptly.

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