Best Wrongful Death Lawyers in Skokie

About Wrongful Death Law in Skokie, United States

Wrongful death law provides a civil remedy when a person dies because of another person or entity's wrongful act, neglect, or default. In Skokie, Illinois, wrongful death claims are governed by Illinois state law and are generally handled in the Cook County court system. A wrongful death claim is brought by the personal representative of the decedent's estate on behalf of the decedent's surviving relatives or heirs. The claim seeks money damages for losses caused by the death, including economic losses and certain non-economic losses such as loss of companionship and grief.

Why You May Need a Lawyer

Wrongful death cases involve complex legal rules, tight deadlines, and negotiations with insurance companies and potentially government entities. You may need a lawyer if:

- The death resulted from a motor vehicle collision where another driver, a trucking company, or a government road defect may be responsible.

- Medical care or treatment may have been negligent and contributed to the death.

- A workplace accident or construction incident caused the death and there may be issues of employer liability, third-party contractors, or workers compensation benefits.

- A defective product, vehicle component, or consumer good caused fatal injuries.

- The death occurred in a nursing home or other care facility and neglect or abuse is suspected.

- The defendant is a government entity, which often requires special notice procedures and shorter deadlines.

- There are disputes about who should receive any recovery, or complex estate or probate issues are present.

An experienced wrongful death lawyer can evaluate liability, preserve evidence, meet filing and notice requirements, negotiate with insurers and opposing counsel, and, if needed, take the case to trial.

Local Laws Overview

Key aspects of Illinois law and Cook County practice that are especially relevant in Skokie include the following:

- Governing statutes - Wrongful death actions in Illinois are governed by the Illinois Wrongful Death Act and related state statutes. A separate Survival Act allows the decedent's estate to recover damages the decedent could have claimed had they lived, such as pain and suffering before death.

- Who sues - A wrongful death action is typically brought by the personal representative or executor of the decedent's estate on behalf of surviving relatives or heirs.

- Statute of limitations - In Illinois, wrongful death claims generally must be commenced within a set period after the death. Failing to file within that time can bar recovery. There are exceptions and special rules for claims against government entities, so act promptly.

- Damages recoverable - Recoverable items commonly include funeral and burial expenses, lost financial support and services, loss of parental guidance or spousal companionship, and, through a survival action, the decedent's pre-death pain and suffering and medical expenses prior to death.

- Comparative fault - Illinois reduces recovery to account for the decedent's own negligence. If the decedent is largely at fault under state law, recovery can be reduced or barred.

- Government defendants - Claims against municipalities, counties, or state agencies often require filing a notice of claim or satisfying short filing windows and immunities under Illinois law. These procedural rules differ from private-party suits and can be strictly enforced.

- Local court procedures - Cases arising in Skokie will be litigated in the Cook County court system. Local filing practices, evidence rules, jury trial procedures, and settlement processes will apply.

Frequently Asked Questions

What is the difference between a wrongful death action and a survival action?

A wrongful death action seeks damages for survivors for losses caused by the death, such as lost financial support and loss of companionship. A survival action is brought by the estate to recover damages the deceased person could have recovered had they lived, such as pain and suffering and medical expenses incurred before death. Often both claims are filed together by the personal representative.

Who can file a wrongful death lawsuit in Skokie?

The lawsuit is usually brought by the personal representative or executor of the decedent's estate. The recovery is distributed for the benefit of the decedent's beneficiaries or next of kin according to state law or the decedent's will. A lawyer can explain who qualifies as a distributee in your situation.

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

Illinois has strict time limits for wrongful death claims. Generally there is a two-year statute of limitations measured from the date of death, but there are important exceptions and exceptions apply to cases against government entities. Because the timelines vary and missing a deadline can forfeit your rights, contact an attorney promptly.

Can I sue even if someone is charged with or convicted of a crime related to the death?

Yes. Criminal proceedings are separate from civil wrongful death actions. A criminal conviction is not required to bring a civil suit, and civil suits can proceed regardless of whether criminal charges were filed or resolved. Sometimes civil cases are delayed while criminal cases are pending, but a civil suit can also proceed concurrently.

What types of damages can a family recover in a wrongful death case?

Recoverable damages commonly include funeral and burial expenses, lost future financial support, loss of services and companionship, and, via a survival action, medical expenses and pain and suffering the decedent experienced before death. Punitive damages may be available in rare cases where the defendant acted with extreme recklessness or malice, subject to state law limits.

How does comparative fault affect a wrongful death claim?

Illinois applies comparative fault principles. If the decedent was partly at fault for the events leading to death, a court or jury will reduce the award by the percentage of the decedent's fault. In some circumstances, if the decedent's fault reaches a high threshold, recovery may be limited or barred. An attorney can assess how fault allocation could affect your case.

What special rules apply if a government agency or employee caused the death?

Claims against government entities often require a written notice of claim within a short period and may be subject to different statutes of limitation and immunities. The procedures can be technical and strict, so you should contact an attorney immediately if the government is a potential defendant.

Will I have to go to trial?

Many wrongful death cases settle before trial through negotiation or mediation. However, if the parties cannot reach a fair settlement, the case may go to trial. An attorney will evaluate settlement offers, explain the likely outcomes at trial, and help you weigh the risks and benefits of settlement versus trial.

How are attorney fees usually handled in wrongful death cases?

Many wrongful death lawyers work on a contingency-fee basis, meaning the attorney is paid a percentage of the recovery and does not charge an hourly fee up front. The contingency percentage and how costs are handled vary by firm, so get fee information in writing and understand whether court approval will be required for any fee disbursement.

What evidence is important to preserve after a wrongful death?

Preserving evidence is vital. Important items include police and crash reports, medical records, the death certificate, photographs of the scene or injuries, witness contact information, employment and earnings records, bills and receipts for funeral and medical costs, and any physical evidence such as defective products. An attorney can help collect and preserve evidence and may coordinate with investigators and experts.

Additional Resources

When pursuing a wrongful death matter in Skokie, the following local and state entities and organizations can be helpful for information, records, or support:

- Cook County Circuit Court - for filing requirements, case status, and local court rules.

- Cook County Medical Examiner - for cause of death reports and autopsy records when the death was investigated.

- Village of Skokie offices - for local incident reports, permits, or code enforcement records that may be relevant.

- Illinois Attorney General - for information about consumer protection, public records, and government agency practices.

- Illinois State Bar Association and local bar associations - for attorney referral resources and guidance on finding qualified wrongful death counsel.

- Victim services and grief counseling organizations - for emotional support and resources for survivors.

- Workers compensation agencies - when a workplace death is involved, for the interface between workers compensation benefits and civil claims.

Next Steps

If you believe a loved one died because of someone else’s negligence or wrongful act, take these steps as soon as possible:

- Seek immediate legal consultation - Contact an experienced wrongful death attorney in Cook County or the Skokie area to evaluate your potential claim and preserve your legal rights.

- Preserve records and evidence - Collect medical records, bills, the death certificate, photos, police or incident reports, witness names and contact information, employment records, and any other documentation related to the death.

- Be mindful of deadlines - Learn applicable filing deadlines and any notice requirements, especially if a government entity might be involved.

- Avoid giving recorded statements to insurers without counsel - Insurance companies may ask for statements early on; speak with your attorney before providing detailed statements.

- Consider support resources - Seek counseling, victim assistance, or local support groups to help cope with grief and practical matters.

- Discuss next steps with your attorney - Your lawyer will advise on whether to pursue both wrongful death and survival claims, how to value damages, whether to pursue settlement or litigation, and how possible recoveries will be distributed under Illinois law.

Wrongful death cases are emotionally and legally challenging. Acting promptly to gather information and consult a knowledgeable local attorney will protect your rights and help you make informed decisions during a difficult time.