wrongful death claim

[jonivg]

death: Illinois
currently residing: Indiana

A neighbor has requested that I contact a law forum for some advice for her. This woman is 71 years old. She is on social security with limited resources and little knowledge of the law. Her son was killed in a work related accident on 10/26/1984. Her son's wife and 3 month old child received a settlement from the employer.

When she explained about what happened to her son, I asked if she received any compensation for this wrongful death. Apparently, the amount of flammables stored in the building caused a flash fire which caused her son's death. She has never collected from this loss. Also, she advises that she has not signed any papers.

As you can imagine, it has taken her years to come to grips with the loss of her youngest son. At this late date, is there any recourse for her? Any statue of limitations on this type of accident?

sincerely,

joni

 

[I AM ALWAYS LIABLE]

death: Illinois
currently residing: Indiana

A neighbor has requested that I contact a law forum for some advice for her. This woman is 71 years old. She is on social security with limited resources and little knowledge of the law. Her son was killed in a work related accident on 10/26/1984. Her son's wife and 3 month old child received a settlement from the employer.

When she explained about what happened to her son, I asked if she received any compensation for this wrongful death. Apparently, the amount of flammables stored in the building caused a flash fire which caused her son's death.

As you can imagine, it has taken her years to come to grips with the loss of her youngest son.

At this late date, is there any recourse for her? Any statue of limitations on this type of accident?

sincerely,

joni

My response:

It is highly doubtful that Mom ever had a "cause of action" because her son was married and had a child. Those are the two people who would have had a cause of action.

However, assuming that Mom would have had a cause of action, it is extremely doubtful that she would now - - that's because any cause of action would, in all probability, be expired after 18 years.

IAAL