The simple answer to this question is yes.

Bringing a case on behalf of a deceased person is somewhat complicated. Estates of the deceased are usually governed by the Illinois Probate Act. The act specifies the terms under which a person may act on behalf of someone who has died. Usually an estate is set up to represent the interests of the deceased person. This is often complicated by factors relating to whether the deceased person survived the negligence and died later or was killed instantly. There are two types of cases that can be brought on behalf of deceased victims.

Wrongful Death
A wrongful death case is prosecuted for the benefit of those legitimate heirs to the deceased who have suffered loss of love, service, support and affection. Whether or not you may be considered a wrongful death beneficiary is subject to the probate act's guidelines. Procedurally, we are required to go into court and appoint a party to act as the estate's administrator. This often results in a race to the courthouse as the first to file has priority to act as the administrator. This can be complicated by other additional factors that are too extensive to discuss here. Suffice it to say that it is imperative that you act quickly to protect your rights. The administrator or executor is empowered to hire counsel to represent the interest of the estate. The court will ultimately determine how to distribute the proceeds of any claim based on an agreement of the heirs or if there is a disagreement, based on a percentage of dependency.

Survival Claims
The deceased also has a potential right to recovery for pain and suffering consciously experienced before death. This right is significant We have recovered millions of dollars for seconds of agonizing pain and suffering prior to death. This type of recovery is also distributed pursuant to the terms of the probate act.

William Buddy Meyers Ltd. has extensive experience litigating wrongful death, survival and probate claims.

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