father was killed in accident on the job whats the time frame for a lawsuit
8 Answers from Attorneys
We are sorry to learn of your loss. There could be several answers to your question, depending on the facts and circumstances. Please contact an attorney promptly, to be sure you meet all of the applicable deadlines. My office would be pleased to speak to you.
I am very sorry for your loss.
The answer depends on a full investigation of the facts. For example, the answer could be different depending on the state where this occurred, and the party or parties that caused the death.
An attorney review is the best way for you to get justice.
To actually answer your question, the time deadline to file a "lawsuit" is also called the Statute of Limitations.
The Statute of Limitations to file a Workers' Compensation claim in the State of Illinois is three (3) years from the date of the accident or two (2) years from the date the injured employee last received Workers' Compensation benefits, whichever is later.
The Statute of Limitations for a construction accident with a general contractor may be as long as four years.
However most negligence cases have a two (2) year Statute of Limitation.
Therefore you need to provide a bit more information regarding how the accident occurred.
The statute of limitations under Illinois law is three (3) years for workmen's compensation and two (2) years for liability claims.
There are however exceptions to both.
Please contact our office to discuss this case. (312) 977--9900.
We have nearly thirty (30) years experience.
JOHN C. WUNSCH, P.C.
Please accept my condolences. You should see an attorney with experience in wrongful death neglignece cases as well as workers compensation cases. The deadlines are different for both kinds of cases and depending on the facts, the estate may have potential claims for both kinds of cases. Most attorneys will not charge a fee for a consultation and usually take these kinds of cases on a no recovery no fee basis, so you wont have the burden of paying ongoing attorneys fees.
I suggest that you contact an attorney as soon as you can. The earlier a competent attorney can begin an investigation, the more likely there is that any claim will be successful.
Hi. I am very sorry to hear of this unfortunate accident. I am an Illinois injury attorney that serves primarily southwestern, central, and rural Illinois. I focus my practice on serious work injuries, wrongful death, and other types of personal injury claims.
A few more details are needed to determine what the statute of limitations is that applies to your father's claim. We handle cases that involve both civil personal injury claims, as well as workers' compensation claims, resulting from the same accident. You may have two claims here resulting from the single accident. I would need to know how the accident occurred in order to determine whether you have one claim or two separate claims and explain what type of compensation you could be looking at and how the process works.
For your convenience, I can be reached via e-mail at firstname.lastname@example.org. Thank you.
NOTE: This answer is for educational purposes and does not constitute legal advice. The use of this site does not create an attorney client relationship or privilege between the user and the attorney responding.
As previously stated, typical statutes of limitations in Illinois are 2 years for a non-work injury and 3 years for a work accident. If a municipality was involved the limitations period could be less, possibly 1 year. If the CTA was involved, you need to file a special notice.
You should contact an attorney immediately.
Contact my office for a no obligation consultation.