Chicago Wrongful Death Lawyer

Losing a loved one is devastating. When that loss happens because of someone else’s negligence or wrongdoing, families face not only grief but also financial hardship and unanswered questions. A wrongful death claim can help you seek justice and compensation for your family during this difficult time.

Our Chicago wrongful death lawyers understand what you’re going through. We handle every legal detail so you can focus on healing and remembering your loved one. With decades of combined experience in Illinois wrongful death cases, we fight to hold negligent parties accountable and secure the maximum compensation your family deserves.

Call us today for a free consultation. You pay nothing unless we win your case.

What Is Wrongful Death?

Wrongful death occurs when a person dies due to another party’s negligence, recklessness, or intentional harm. Under the Illinois Wrongful Death Act, families can file a civil lawsuit to recover compensation when their loved one’s death was caused by someone else’s wrongful actions.

A wrongful death claim is different from a criminal case. While criminal charges punish the offender, a wrongful death lawsuit seeks financial compensation for the surviving family members. You can file a wrongful death claim even if no criminal charges were filed or if a criminal trial resulted in acquittal.

Key Elements of a Wrongful Death Case

To succeed in a wrongful death claim, we must prove:

• Duty of care – The defendant owed your loved one a legal duty to act safely
• Breach of duty – The defendant violated that duty through negligence or misconduct
• Causation – The breach directly caused your loved one’s death
• Damages – Your family suffered measurable losses as a result

Common Causes of Wrongful Death in Chicago

Wrongful deaths happen in many ways. Our Chicago wrongful death attorneys have handled cases involving:

Car and Truck Accidents

Motor vehicle crashes are the leading cause of wrongful death in Illinois. Drunk drivers, distracted motorists, and negligent trucking companies can be held liable when their actions cause fatal accidents.

Medical Malpractice

Doctors, nurses, and hospitals must meet accepted standards of care. When medical errors, misdiagnosis, surgical mistakes, or medication errors lead to death, families may have a wrongful death claim.

Workplace Accidents

Construction sites, factories, and other work environments can be dangerous. Employer negligence, unsafe conditions, or defective equipment can result in fatal workplace injuries.

Nursing Home Abuse and Neglect

Elderly residents deserve safe, compassionate care. When nursing homes fail to prevent bedsores, falls, infections, or physical abuse, they can be held responsible for wrongful death.

Dangerous Premises

Property owners must maintain safe conditions. Slip and falls, inadequate security, structural collapses, and other hazardous conditions can lead to fatal injuries on someone else’s property.

Defective Products

Manufacturers must ensure their products are safe. Faulty vehicles, dangerous drugs, defective medical devices, and other product defects can cause wrongful death.

Every case is unique. Contact us to discuss the specific circumstances of your loved one’s death.

Who Can File a Wrongful Death Lawsuit in Illinois?

Illinois law is specific about who can bring a wrongful death lawsuit. Understanding these rules is essential to protecting your family’s rights.

Personal Representative

Under the Illinois Wrongful Death Act, only the personal representative of the deceased person’s estate can file a wrongful death lawsuit. This person is typically named in the deceased’s will or appointed by the probate court if there is no will.

The personal representative files the lawsuit on behalf of eligible surviving family members.

Who Can Receive Compensation?

Even though the personal representative files the case, compensation goes to the deceased’s eligible survivors, including:

• Spouse
• Children (including adopted children)
• Parents
• Siblings
• Other next of kin

The court determines how wrongful death damages are distributed among surviving family members based on their relationship and losses.

Survival Actions

In addition to a wrongful death claim, Illinois law allows for a survival action under the Illinois Survival Act. This separate claim compensates the estate for losses the deceased experienced between the time of injury and death, such as medical bills, pain and suffering, and lost wages during that period.

Damages Available in a Wrongful Death Case

Wrongful death compensation helps families recover financially after losing a loved one. Illinois law allows several types of damages in wrongful death cases.

Economic Damages

These are measurable financial losses, including:

• Lost income and benefits – Wages, retirement contributions, and health insurance your loved one would have provided
• Loss of services – The value of household services, childcare, and guidance your loved one provided
• Funeral and burial costs – Reasonable expenses for final arrangements
• Medical bills – Costs of treatment between injury and death (often recovered through a survival action)

Non-Economic Damages

These address the emotional impact of losing a loved one:

• Loss of companionship – The love, comfort, and relationship you shared
• Loss of guidance and support – Advice, mentorship, and emotional support
• Grief and mental anguish – The psychological pain of losing your family member

Punitive Damages

In rare cases involving extreme recklessness or intentional harm, Illinois courts may award punitive damages to punish the defendant and deter similar conduct.

Who Receives the Money?

Wrongful death settlement or verdict amounts are distributed to eligible surviving family members based on their degree of loss. Your attorney and the court help ensure fair distribution.

According to the Illinois Courts, wrongful death compensation aims to fairly address both the economic and personal losses families suffer.

Illinois Wrongful Death Statute of Limitations

Time limits are critical in wrongful death cases. Illinois law generally requires you to file a wrongful death lawsuit within two years from the date of death. Missing this deadline usually means losing your right to compensation forever.

Important Exceptions and Shorter Deadlines

Some cases have shorter filing windows:

• Medical malpractice wrongful death claims may have different deadlines
• Claims against government entities often require notice within six months
• Cases involving product defects may have different limitations rules

Why Act Quickly?

Even though you have up to two years, waiting can hurt your case:

• Evidence disappears – Accident scenes change, witnesses forget details, and records get lost
• Witnesses move away – People relocate or become harder to find
• Memories fade – Details become less clear over time

Contact a Chicago wrongful death lawyer as soon as possible to protect your family’s rights.

The Legal Process for a Wrongful Death Claim

Understanding what to expect can ease some uncertainty during this difficult time. Here’s how wrongful death cases typically progress in Chicago:

1. Free Consultation

Your first meeting with our wrongful death attorneys costs nothing. We listen to your story, review available information, and explain your legal options. You’re under no obligation to hire us.

2. Investigation and Evidence Gathering

If you choose us to represent your family, we immediately begin investigating:

• Collecting police reports, medical records, and accident reports
• Photographing accident scenes and property conditions
• Interviewing witnesses
• Consulting medical experts, accident reconstructionists, and other specialists
• Reviewing employment records, financial documents, and other evidence of damages

3. Filing the Lawsuit

Once we’ve gathered sufficient evidence, we file a wrongful death complaint in the appropriate Illinois court, officially beginning your lawsuit. We handle all legal paperwork and court procedures.

4. Discovery

Both sides exchange information and evidence through:

• Interrogatories – Written questions answered under oath
• Depositions – Recorded sworn testimony
• Document requests – Formal demands for records and evidence
• Expert reports – Testimony from medical, economic, and other experts

5. Settlement Negotiations

Most wrongful death cases settle before trial. We negotiate aggressively with insurance companies and defense attorneys to secure fair compensation. We never recommend a settlement unless it meets your family’s needs.

6. Mediation

Courts often require mediation, where a neutral mediator helps both sides reach agreement. Many cases resolve at mediation when all parties negotiate in good faith.

7. Trial

If settlement isn’t possible, we take your case to trial. Our experienced trial attorneys present evidence, examine witnesses, and argue your case before a judge or jury. We prepare thoroughly for trial even when settlement seems likely.

8. Appeal

Either side can appeal the verdict. We handle appeals if necessary to protect your family’s recovery.

Every case follows its own timeline. We keep you informed at every step and answer your questions promptly.

How a Chicago Wrongful Death Lawyer Can Help

Hiring an experienced Chicago wrongful death attorney makes a significant difference in your case outcome and your family’s well-being.

We Handle the Legal Burden

Grief is overwhelming. You shouldn’t have to navigate complex legal procedures while mourning your loved one. We handle:

• All court filings and deadlines
• Communication with insurance companies
• Legal research and strategy
• Evidence collection and witness interviews
• Negotiations and trial preparation

We Prove Liability

Defendants and their insurers work hard to avoid responsibility. We build compelling cases that clearly establish negligence through:

• Expert witness testimony
• Accident reconstruction
• Medical evidence
• Industry standards and regulations
• Defendant’s history of similar incidents

We Maximize Your Compensation

Insurance companies profit by paying as little as possible. Our wrongful death lawyers:

• Accurately calculate all economic and non-economic damages
• Document every loss your family has suffered
• Negotiate from positions of strength
• Take cases to trial when insurers won’t offer fair settlements

We Provide Local Court Experience

Our attorneys know Chicago’s courts, judges, and local procedures. This local knowledge helps us:

• Navigate court rules efficiently
• Anticipate judge preferences and tendencies
• Leverage relationships with court personnel
• Select favorable venues when options exist

We Work on Contingency

You pay no upfront fees. We advance all case costs and only collect attorney fees if we win compensation for your family. If we don’t recover money, you owe us nothing.

According to the American Bar Association, contingency fees ensure everyone has access to experienced legal representation regardless of financial circumstances.

What to Do After a Loved One’s Death

If you suspect negligence caused your loved one’s death, taking these steps can protect your family’s legal rights:

1. Seek Support

Grief counseling, support groups, and leaning on family and friends are essential. Take care of your emotional and physical health.

2. Preserve Evidence

If safe and appropriate:

• Take photographs of accident scenes or dangerous conditions
• Keep damaged personal belongings
• Save correspondence from employers, medical providers, or other involved parties
• Write down everything you remember about what happened

3. Collect Documents

Gather any available:

• Police reports
• Medical records
• Death certificates
• Employment records
• Financial documents
• Insurance policies

4. Avoid Early Settlement Offers

Insurance companies often contact grieving families quickly with lowball settlement offers. These initial offers rarely reflect the full value of your claim. Don’t accept any settlement or sign any documents without consulting an attorney.

5. Don’t Discuss the Case Publicly

Avoid posting about the incident or your case on social media. Defense attorneys search for posts they can use against you.

6. Contact a Wrongful Death Lawyer Immediately

The sooner you consult an attorney, the better. Early involvement allows your lawyer to:

• Preserve evidence before it’s lost
• Interview witnesses while memories are fresh
• Meet critical deadlines
• Prevent you from making statements that could hurt your case

Call us today. The consultation is free, and we’ll help you understand your options with no pressure or obligation.

Why Choose Our Chicago Wrongful Death Law Firm

Selecting the right wrongful death attorney is one of the most important decisions your family will make. Here’s what sets our firm apart:

Decades of Combined Experience

Our attorneys have spent years handling complex wrongful death cases throughout Chicago and Illinois. We understand the law, the courts, and the strategies that win cases.

Proven Track Record

We’ve recovered millions of dollars for families who lost loved ones due to negligence. While past results don’t guarantee future outcomes, our history demonstrates our commitment and capability.

Personalized Attention

You’re not just a case number. We limit our caseload so we can give your family the time, attention, and compassion you deserve during this difficult time.

Resources to Handle Complex Cases

Wrongful death cases require expert witnesses, investigators, and substantial resources. Our firm has the financial strength to fully prepare and pursue your case.

Trial-Ready Approach

Insurance companies settle for more when they know you have attorneys willing to go to trial. We prepare every case for trial, which strengthens our negotiating position.

Compassionate Counsel

We understand you’re grieving. Our team treats every client with respect, empathy, and patience while fighting aggressively for justice on your behalf.

No Fees Unless We Win

Our contingency fee arrangement means you risk nothing by hiring experienced legal representation. We only get paid if we recover compensation for your family.