Chicago wrongful death lawyer

chicago wrongful death lawyer

The emotional turmoil brought about by the unexpected death of a loved one can be unbearable. Worse, the hardships don’t stop with the grief. The cost of medical bills and funeral services is just the tip of the iceberg. Most importantly, you can’t put a price on the future losses that come with the passing of a loved one.

No amount of money can change what happened, but receiving compensation for your pain and suffering can help make your present situation more bearable. With the assistance of an experienced Chicago wrongful death lawyer, you can get the justice that your family rightfully deserves.


wrongful death attorney can help

Chicago wrongful death lawyers thoroughly understand the local laws concerning wrongful death cases. Our legal team has years of a successful track record representing personal injury and wrongful death clients. Here is how Conboy Law Firm can help you with your wrongful death claims:

  • Case investigation. A meticulous case analysis is the first step in every wrongful death case. We will thoroughly look at your case and determine the best legal option available for your situation.
  • Damage assessment. Identifying damages sustained by the family members due to the victim’s death. Our experienced attorney will evaluate the damages the family incurred from the accident, and this will help us identify the best amount of compensation for your case.
  • Settlement negotiation. One of the most common challenges a victim faces, in this case, is settlement negotiation. Often, the victim’s representative accepts a low settlement offer from the insurance company. We can help you prevent this by negotiating with the defendant’s insurance provider.
  • Case representation. There are instances when a case fails to resolve at the settlement phase. In such cases, a court appearance is necessary to determine liability. We can help by representing your case on your behalf.

Wrongful death lawsuits are often challenging and complicated. Moreover, insurance companies have a history of preying on you and manipulate you to accept an unjust amount of compensation for the death of your loved one. We can help prevent this situation and ensure you receive the best outcome.


A wrongful death lawsuit or case is a civil action that arises when a person dies to the lack of due care or negligent act of another person. In these instances, the victim’s family members usually file the lawsuit, seeking damages for their losses.

The damages a victim’s family can recover in a wrongful death case may vary. Each state has its laws covering wrongful death cases. In Illinois, there are two laws allowing the victim’s family or spouse to claim damages for the death of their loved ones.

  • Illinois Wrongful Death Act. A victim’s surviving spouse may file a lawsuit against the responsible party. If a spouse is absent, the victim’s children or parents may act as the estate.
  • Illinois Survival Act. According to this law, a victim’s estate may recover economic and non-economic damages from when a victim sustained the injuries before his death.


what you need to know about wrongful death

740 ILCS 180/0.01 or the Illinois Wrongful Death Act specifies certain elements that must be present to identify a wrongful death case. These elements are required to be proven by the victim’s estate. According to Illinois law, a victim’s representative must prove that:

  • The responsible party owes the deceased person a duty of care;
  • The responsible party failed to oversee their duty of care;
  • The responsible party’s negligence lead, or is closely related, to the death of the victim; and
  • The victim’s party suffered damages as a result of their death.


A wrongful act may lead to the unexpected death of another person and a life lost can no longer be brought back. Let this remind everyone to carry out their duty of care whenever and wherever.

There are many causes of wrongful death accidents, but the most common ones include:

  • Medical malpractice. Malpractice in the medical field is one of the most common causes of wrongful death, and this accident often includes surgical, diagnostic, and prescription errors.
  • Car accidents. A car accident is often caused by the driver’s inattentiveness or failure to yield the right of way.
  • Pedestrian accidents. The driver’s negligence often causes pedestrian accidents, including failure to yield, driving under the influence, and distracted driving.
  • Slip and falls. Slip and falls often occur due to a property owner’s negligence in keeping their premises safe. This includes wet floors, poor lighting, and a lack of security features.
  • Motor vehicle accidents. Bus accidents, truck accidents, and motorcycle accidents are included under motor vehicle accidents. Most of these accidents are caused by negligence, fatigue, and failure to yield.
  • Product defect. Product defect is also a common cause of wrongful death accidents, including defective car parts, faulty appliances, and unsafe toys.


who can file a wrongful death suit

In Illinois, a victim’s representative may file a wrongful death claim against the responsible party. A victim’s representative may be the victim’s surviving spouse, children of legal age, parents, or other surviving family members.

If you have lost your loved one due to another person’s negligence, you may be entitled to compensation. Contact a Chicago wrongful death lawyer at Conboy Law Firm today for a free consultation.

Our attorney will help you get justice and hold the responsible party accountable for their actions.


how do you prove a wrongful death claim

As mentioned above, a victim’s representative must demonstrate specific elements before a case is identified as a wrongful death case. The four elements are as follows:

  • Duty of care. The responsible party owes the deceased person a duty of care, and the relationship between the two parties often determines this. For example, doctor-patient, employer-employee, and landlord-tenant relationships often have a duty of care. In general, this element is not hard to prove.
  • Breach of duty or negligence. The responsible party failed to uphold its duty of care. A representative can prove this by demonstrating that the responsible party did not meet the standard of care required in their industry.
  • Death of the victim. The responsible party’s negligence led, or was closely related, to the victim’s death. It’s important to note that the representative must prove causation by a preponderance of the evidence, which is a higher burden of proof than negligence.
  • Damages. The victim’s party suffered direct financial losses due to the death of their loved one, such as funeral expenses, medical bills, and pain and suffering.


The law establishes statutes of limitations to ensure that each case is acted upon promptly. Each case has a different statute of limitations depending on the nature of the case. Wrongful death attorneys often advise the personal representative to work immediately following the victim’s death.

In Illinois, a victim’s representative can submit a wrongful death lawsuit against the responsible party within two years of the victim’s death.

Wrongful death act, 740 ILCS 180/0.01, provides the legal context of the statute of limitations in wrongful death cases. Additional sanctions for criminal wrongful death are also included in this law.


who can be held liable for wrongful death

Various reasons may cause wrongful death; in turn, different individuals can be held liable for the accident. The responsible parties can be individuals, companies, or government agencies. The most common defendants in wrongful death cases are:

  • Negligent drivers in motor vehicle accident cases. Inattentiveness, fatigue, or intoxication are often the most prevalent cause of wrongful death accidents, and the negligent driver can be held responsible for the victim’s death.
  • Reckless medical professionals in medical malpractice cases. Medical professionals can make surgical mistakes, prescribe the wrong medication, and commit other diagnostic errors that often lead to wrongful death. The victim’s representative may hold the negligent medical professional responsible for the victim’s death.
  • Facilitators in a nursing home. Nursing home staff can be held liable for wrongful death if they neglect the resident and their health declines, which often leads to death. The victim’s representative may sue the nursing home’s facilitator or staff for the incident.
  • Employers. In some cases, employers are liable for their employee’s death. Suppose the employee acts within the scope of their job when the accident occurs. In that case, the employer may be held liable for their death.
  • Animal or pet owners. If a pet owner is negligent and their animal attacks and kills someone, the owner may be held responsible for the victim’s death.
  • Product manufacturers. Defective car parts, faulty appliances, and unsafe toys can often lead to wrongful death accidents. If a product is defective, the manufacturer may be liable for the victim’s death.

The victim’s representative has the right to file a wrongful death lawsuit against any party they deem responsible for the accident. It’s crucial to meet with a Chicago wrongful death lawyer following the incident.

Our personal injury attorney at Conboy Law Firm offers a free consultation. We will help you determine who is responsible for your loved one’s death and work to get you the justice you deserve.


compensatory damages you can recover trough a wrongful death suit

The victim’s surviving family member or spouse may recover money from the damages they sustained because of the accident. The damages can include:

  • Medical expenses. The victim’s family may be able to recover the medical expenditures incurred due to the accident, including ambulance fees, hospitalization, and medication costs.
  • Funeral and burial expenses. If the victim’s death were sudden and unexpected, their family would often have to shoulder the cost of funeral services. The family may recover these costs from the defendant in the wrongful death lawsuit.
  • Loss of income. The victim’s family may also recover money for the loss of income if the family’s sole provider. This would include future wages that the victim would have earned if they were still alive.
  • Pain and suffering. The family can also receive compensation for the victim’s pain and suffering before death.
  • Punitive damages. In some cases, the family can also receive punitive damages from the defendant. Punitive damages are meant to punish the defendant for their wrongful actions and deter them from similar behavior in the future.

The types of damages available vary on a case-by-case basis. It’s essential to speak with a wrongful death lawyer to determine recoverable damages.


why choose conboy law firm

Our Chicago wrongful death law firm is dedicated to delivering the best legal assistance regardless of the victim’s state of life. Here are the reasons why Conboy Law Firm is the best legal firm to handle your case:

  • Contingency fee basis. Our principal attorney is dedicated to serving clients in personal injury and wrongful death cases. We aim to provide top-notch legal assistance to family members of wrongful death victims. You will only have to pay for our services once we are successful with your case.
  • Top-rated and free consultation. As part of our mission to provide the best legal assistance to wrongful death and personal injury victims in Chicago, we offer a free legal consultation. Our lawyer has extensive experience assisting victims, and we will help you understand your case and identify the best course of action.
  • A near-perfect success rate. Our personal injury law firm has garnered countless successes in representing wrongful death victims. Throughout our experience, we always perform to the best of our ability to help victims obtain the justice they deserve.


What if my loved one was partially at fault? Can I still pursue compensation?

Per 735 ILCS 5/2-1116 of the Illinois law, the state follows a modified version of the comparative negligence law. As described in this law, the victim’s party may not file a survival or a wrongful death case if they are more than 50% responsible for the accident. The court will determine the contribution of each party during case litigation.

Because of this potential loss of compensation, hiring an experienced wrongful death attorney is vital. They can help you uncover essential pieces of evidence to ensure compensation recovery.

How much does a wrongful death attorney cost?

The attorney’s legal fee may vary depending on several factors. One of the most important aspects an attorney will consider is the case’s complexity. More complicated cases will cost more than straightforward cases.

If financial capacity restricts you from hiring an attorney, you must consider contingency fee options. A lawyer who works on a contingency fee basis requires no upfront payment; these attorneys will deduct their legal service fee once you claim your compensation.

In addition, most wrongful death and personal injury lawyers provide free initial case evaluation. Take advantage of this free legal service most lawyers offer. Your lawyer can help you identify the best legal action during the initial case consultation.

How long will a wrongful death suit take to settle?

The duration of a wrongful death lawsuit may vary because of various factors. In general, more complicated cases will take longer to settle than a simple wrongful death case. Factors that may further complicate a wrongful death case are:

  • The number of defendants
  • The severity of the injuries
  • The availability of records and witnesses

Hiring an experienced and knowledgeable wrongful death lawyer can help reduce the time it takes to settle your case. Your lawyer will have extensive knowledge of state law and how to build a compelling case on your behalf.

How much can I sue for wrongful death?

There is no legislative limit on how much representatives of a wrongful death victim can recover for their damages in Chicago. The value of your case is proportionate to the extent of your injuries resulting from the accident.

The court will determine the value of recoverable damages if the case fails to resolve at the settlement negotiation phase. Depending on the evidence presented by both parties, a victim’s representative may claim a significant amount of recoverable compensation.

What is wrongful death malpractice?

Malpractice is a wrongful death caused by the negligence of a doctor, nurse, or hospital. If you have lost a loved one due to medical malpractice, you must contact an experienced wrongful death lawyer.

Medical malpractice cases are often challenging to prove. Furthermore, these cases may require significant resources to pursue. A lawyer specializing in medical malpractice or personal injury law can help you receive the compensation you deserve.

Can I still file a wrongful death claim if my loved one died from a criminal act?

A death resulting from a criminal act is different from a wrongful death. Suppose a defendant is proven responsible for the accident that took the victim’s life. In that case, he would need to provide compensation for the deceased victim’s family members.

In contrast, a criminal act would result in a conviction and penalty fines if the defendant is proven to kill the victim maliciously. A thorough analysis of the case and recovery of valuable evidence may help identify a wrongful death case from a criminal case.

Why should I hire a wrongful death lawyer?

Wrongful death lawyers have a wealth of experience and knowledge to help you through the complicated legal process. These legal professionals can help you obtain the maximum compensation for your loved one’s death.

In addition, wrongful death lawyers often offer free consultations and case evaluations. These lawyers can help you further understand what your case is worth and how you can attain justice for the death of your loved one.

Contact our wrongful death lawyer at Conboy Law Firm today if you have lost a loved one due to another’s negligence. We are dedicated to helping you obtain the compensation and justice you deserve.


chicago wrongful death attorney near me

Death could happen when we are least prepared. Conboy Law Firm’s Chicago wrongful death lawyer will fight for your rights and get you the compensation you deserve. Now is the time to schedule a free consultation with us! You may reach our law firm at (312)726-9000. Clients can also submit case information using our online contact form.

Thanks to this amazing law firm, I was able to successfully bring justice and get the help I needed. They really care a lot about their clients, they’re 100 percent fully involved in your case and will do the most to make sure you get the help you need. Thanks for everything!
Tiffany H.
I can't say enough about Joseph Conboy. He was a true asset during our personal injury claim and had such an amazing legal approach, which made me feel like his top priority from day one! I'm so grateful we were able to work together for this win/win outcome.
Jackson K.
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