Best Wrongful Death Lawyers in Illinois

About Wrongful Death Law in Illinois, United States

Wrongful death laws in Illinois allow the family or estate of a person who died due to another party’s negligent or intentional acts to seek compensation through civil court. A wrongful death case differs from a criminal prosecution in that it seeks financial damages rather than criminal penalties. The purpose is to compensate relatives for losses they suffered as a result of the decedent’s untimely death, such as loss of companionship, lost wages, and funeral expenses.

Why You May Need a Lawyer

The death of a loved one is always painful, and when that loss results from negligence or wrongful conduct, it can be overwhelming to know what steps to take. You may need a lawyer in situations such as:

• A loved one dies in a car, truck, or motorcycle accident due to another driver’s recklessness or impairment
• The death results from medical malpractice or a failure to diagnose a treatable condition
• A loved one suffers fatal injuries at work, particularly when the employer failed to maintain safe conditions
• The death is caused by a defective product, such as a faulty medical device or unsafe machinery
• Victims of violent crimes whose families want to pursue civil claims in addition to any criminal prosecution

An attorney can help you determine whether you have a valid claim, gather the necessary evidence, file within strict deadlines, and advocate for fair compensation during negotiations or in court.

Local Laws Overview

Illinois wrongful death claims are governed by the Illinois Wrongful Death Act. This law lays out who can file a claim, the types of damages available, and other important procedures. Key points include:

• Who can file a lawsuit: Generally, the claim must be filed by the personal representative (often an executor or administrator) of the deceased person's estate, on behalf of surviving spouses, children, or other next of kin.
• Statute of limitations: Illinois law typically requires wrongful death lawsuits to be filed within two years of the date of death. There are some exceptions, such as cases involving criminal violence, but starting the process early is crucial.
• Types of damages: Courts may award damages for loss of companionship, grief, sorrow, mental suffering, loss of financial support, and funeral or burial expenses.
• Proof required: The plaintiff must establish that the defendant’s wrongful act, neglect, or default caused the death and that the victim would have been eligible to file a personal injury lawsuit if they had survived.
• Distribution of damages: Any recovery is distributed to surviving family members in proportion to their dependency on the deceased, as determined by the court.

Frequently Asked Questions

What is wrongful death in Illinois?

Wrongful death in Illinois occurs when someone dies because of another party’s negligent, reckless, or intentional conduct, giving surviving family members the option to seek compensation.

Who can file a wrongful death lawsuit?

Only the personal representative of the deceased’s estate can file, but damages are sought on behalf of the surviving spouse, children, or next of kin.

What kind of compensation is available?

Damages may cover loss of support, companionship, guidance, as well as funeral expenses, medical costs incurred prior to death, and grief and suffering of surviving family members.

How long do I have to file a wrongful death lawsuit?

In most cases, a wrongful death claim in Illinois must be filed within two years of the date of death. Some exceptions may apply, such as for minor children or criminal acts.

Do wrongful death lawsuits go to trial?

Many wrongful death claims are settled out of court, but some proceed to trial if no agreement can be reached.

How is fault determined in a wrongful death case?

Fault is established by demonstrating that the defendant’s actions or negligence directly caused the death, typically requiring evidence such as accident reports, expert testimony, and medical records.

Can I recover punitive damages in Illinois wrongful death cases?

Illinois law generally does not allow punitive damages in wrongful death cases, but families may recover actual damages resulting from the death.

What if my loved one was partially at fault for the accident?

Illinois uses a modified comparative negligence rule; if the deceased was less than 50 percent at fault, damages may be reduced but not eliminated. Above 50 percent, recovery is barred.

Are wrongful death settlements taxable?

Generally, compensatory damages for physical injury or illness, including wrongful death settlements, are not taxable under federal or Illinois law, but there are exceptions for punitive damages or interest.

What expenses will I pay if I hire a wrongful death attorney?

Most wrongful death attorneys work on a contingency fee basis, meaning they collect a percentage of the recovery only if the lawsuit is successful. Other costs, like filing fees or expert witness fees, may apply and should be discussed in advance.

Additional Resources

• Illinois State Bar Association: Offers guidance on selecting an attorney and understanding your legal rights.
• Circuit Clerk’s Office at the local county courthouse: For filing lawsuits and accessing court services.
• Illinois Attorney General: Provides general consumer protection advice and information on state laws and rights.
• Illinois Department of Public Health: Maintains data and guidance on accidental deaths and medical reporting.
• Local Victims’ Assistance Programs: Offers grief counseling and legal resources to surviving family members.

Next Steps

If you believe you have a wrongful death claim in Illinois, take the following steps:

1. Document as much information as possible about the circumstances surrounding the death, including medical records, accident reports, and contact information for witnesses.
2. Contact a qualified wrongful death attorney as soon as possible, especially to ensure you do not miss the statute of limitations.
3. Ask the attorney about the claims process, the likelihood of success, potential compensation, what evidence you need to provide, and expected costs.
4. Follow your attorney’s guidance on preserving evidence, communicating with insurance companies or opposing parties, and preparing for possible settlement negotiations or litigation.
5. Seek support services for emotional and practical assistance as you navigate the legal process.

Wrongful death claims are complex, but with the right legal support, you can protect your family’s rights and pursue the compensation you are entitled to under Illinois law.