wrongful death inside jail in illinois
Started by helpmeplease52312 , Yesterday, 09:00 AM
Please log in to reply
3 replies to this topic
Posted Yesterday, 09:00 AM
a man died inside of a county jail in illinois the autopsy wasnt released until 6 months after his death. He died leaving behind kids. He was young and healthy and his cause of death was ruled accidental. Do i have a case against jail for this for the care of his children. If so does the statute of limitations start running on the day he died or when they determined that his death was accidental and not natural causes. How long do i have? Please help me
Posted Yesterday, 07:08 PM
You did not list what "accident" caused his death. You did not say whether you are the mother of the children or what your relationship might be. Depending on the facts, if there was negligence, you may have a civil suit or civil rights action. Speak with a litigator. In most states you will have 1 to 2 years to file from the date of the occurrence.
Do i have a case against jail for this for the care of his children.
I'm not sure how you could expect anyone to know since you didn't explain what relationship, if any, you have to the deceased.
It's also not clear what "have a case" means. If you're asking whether it would be more likely than not that you would win if you sued, again, how could we possibly know? The only thing you've told us is that the autopsy apparently concluded that the death was accidental. For a plaintiff to prevail in a wrongful death lawsuit, the plaintiff must prove that the death was "caused by wrongful act, neglect or default." 740 ILCS 180/1 ( http://www.ilga.gov/...59&ChapterID=57 ). I'm not entirely sure what "default" means in this context, but the meaning of the other two terms should be readily apparent.
does the statute of limitations start running on the day he died or when they determined that his death was accidental and not natural causes.
<br>For the original version including any supplementary images or video, visit http://boards.answers.findlaw.com/index.php/topic/225986-wrongful-death-inside-jail-in-illinois/