Ill. R. Cir. Ct. Lake Cnty. 5-3.25

As amended through September 23, 2024

Rule 5-3.25 - Procedure for Disposition of Pending Law Cases in Wrongful Death Actions, by Trial Court

The procedure to be followed in law cases involving actions for wrongful death brought on behalf of a decedent by the representative appointed in the decedent's estate by the Probate Court, when pending in a Court other than the Probate Court shall be as follows:

A. The settlement of a pending lawsuit for wrongful death without trial shall be presented for approval to the Judge hearing the case. Unless waived by the Judge hearing the case, the provisions of LCR 5-3.23 shall apply. If the Judge hearing the case approves the settlement, the Order approving the settlement shall set forth the attorney's compensation, the costs, the expenses, and the net amount distributable to the legal representative or to each person entitled thereto pursuant to the provisions of the Wrongful Death Act.

B. For distribution to be made under a pending lawsuit in a wrongful death case where a Judgment has been entered after trial, the Judge hearing the case shall enter an Order for distribution setting forth the amount of the Judgment, the attorney's fees, the costs, the expenses, and the net amount distributable to the legal representative or to each person entitled thereto pursuant to the provisions of the Wrongful Death Act.

C. When the distributable amount received by a representative pursuant to the provisions of this Rule is an asset of the decedent's estate and is further subject to the provisions, of the Probate Act, it shall be accounted for and administered in the decedent's estate. It shall be the responsibility of the representative to furnish a bond in sufficient amount to cover any increase in the value of the personal estate occasioned by the distribution.

Ill. R. Cir. Ct. Lake Cnty. 5-3.25

Amended effective 10/24/2016.