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A wrongful death occurs when someone dies because of another person's or entity's negligent, reckless, or intentional actions. In Illinois, certain surviving family members may pursue compensation for the financial and emotional losses resulting from the death. Understanding what qualifies as wrongful death can help you protect your legal rights and determine whether you have a valid claim.
If you have lost a loved one because of someone else's negligence, Conboy Law is here to help. Call (312) 376-4291 today for a free consultation.
What Is Considered a Wrongful Death in Illinois?
Under the Illinois Wrongful Death Act (740 ILCS 180/1), a wrongful death occurs when a person's death is caused by another party's wrongful act, neglect, or default, and the deceased could have filed a personal injury lawsuit had they survived.
These claims allow surviving family members to seek compensation for the losses they have suffered because of their loved one's death.
What Must Be Proven in a Chicago Wrongful Death Claim?
To recover compensation in a wrongful death lawsuit, certain legal elements must be established. Our Chicago wrongful death lawyers gather evidence to build a strong claim and demonstrate that another party's negligence caused your loved one's death.
A Duty of Care Existed
The responsible party must have owed your loved one a legal duty of care. For example, drivers must operate their vehicles safely, property owners must maintain reasonably safe premises, and healthcare providers must provide treatment that meets the accepted standard of care.
The Duty Was Breached
A wrongful death claim must show that the responsible party failed to meet their duty of care. This may involve negligent driving, unsafe property conditions, medical errors, defective products, or other careless or wrongful conduct.
The Breach Caused the Death
It must be proven that the breach of duty directly caused or substantially contributed to your loved one's death. Our lawyers work with medical professionals, accident reconstruction experts, and other specialists when necessary to establish this connection.
The Surviving Family Suffered Damages
Finally, surviving family members must show they suffered losses because of the wrongful death. These damages may include financial losses, loss of companionship, grief, sorrow, mental suffering, and other compensable damages recognized under Illinois law.
Common Accidents That May Qualify as Wrongful Death
Wrongful death claims can arise from many different types of accidents. Whenever a person's death results from another party's negligence or wrongful conduct, surviving family members may have the right to pursue compensation.
According to the Illinois Department of Transportation, 1,195 people were killed in motor vehicle crashes across Illinois in 2024. While not every fatal accident results in a wrongful death claim, families may have legal grounds to seek compensation when another person's negligence contributed to the loss.
Car Accidents
Fatal car accidents often result from distracted driving, speeding, impaired driving, reckless driving, or other negligent behavior. When another driver's actions cause a fatal crash, surviving family members may have grounds for a wrongful death claim.
Commercial Truck Accidents
Collisions involving commercial trucks frequently cause catastrophic or fatal injuries because of the size and weight of these vehicles. Liability may extend beyond the truck driver to trucking companies, maintenance providers, cargo loaders, or other responsible parties.
Motorcycle Accidents
Motorcyclists have little protection during a collision, making fatal injuries more likely. Drivers who fail to yield, change lanes without checking blind spots, or otherwise operate their vehicles negligently may be held responsible for a rider's death.
Pedestrian Accidents
Pedestrians are especially vulnerable when struck by a motor vehicle. Fatal pedestrian accidents often occur because of distracted driving, speeding, failure to yield at crosswalks, or other traffic violations.
Bicycle Accidents
Cyclists can suffer fatal injuries when motorists fail to share the road safely, ignore traffic laws, or drive while distracted or impaired.
Medical Malpractice
Doctors, nurses, hospitals, and other healthcare providers may be liable when medical negligence causes a patient's death. Examples include surgical errors, delayed diagnoses, medication mistakes, and birth injuries.
Workplace Accidents
Fatal workplace accidents can occur in many industries, particularly construction, manufacturing, and transportation. Depending on the circumstances, surviving family members may have workers' compensation death benefits, a wrongful death claim against a third party, or both.
Construction Accidents
Construction sites contain numerous hazards that can result in fatal falls, trench collapses, electrocutions, equipment accidents, or falling object incidents. Multiple contractors or companies may share liability for these tragedies.
Defective Products
Manufacturers, distributors, and retailers may be held responsible when dangerous or defective products cause fatal injuries. Product liability claims often involve defective vehicles, machinery, medical devices, or consumer products.
Nursing Home Negligence
Wrongful death claims may arise when nursing home residents die because of neglect, abuse, medication errors, falls, dehydration, malnutrition, or inadequate medical care. Families have the right to hold negligent facilities accountable for preventable deaths.
Who Can File a Wrongful Death Lawsuit in Illinois?
Illinois law requires that a wrongful death lawsuit be filed by the personal representative of the deceased person's estate. Although one individual files the claim, any compensation recovered is distributed to eligible surviving family members according to Illinois law.
The Personal Representative Files the Claim
Under the Illinois Wrongful Death Act, the personal representative serves as the legal party responsible for bringing the lawsuit. This individual may be named in the deceased person's will or appointed by the court if no estate plan exists.
Who May Receive Compensation?
Compensation recovered through a wrongful death lawsuit is generally awarded to the surviving spouse and next of kin. Depending on the family's circumstances, beneficiaries may include a surviving spouse, children, parents, or other eligible relatives who suffered losses because of the death.
What Happens If There Is No Will?
If the deceased did not leave a will, the court can appoint a personal representative to manage the estate and pursue the wrongful death claim. The absence of a will does not prevent surviving family members from seeking compensation.
What Damages Are Available in a Wrongful Death Claim?
A wrongful death can leave surviving family members facing significant emotional and financial hardships. Depending on the facts of the case, compensation may be available for several types of losses, including:
- Funeral and burial expenses
- Loss of financial support
- Loss of companionship, society, and consortium
- Loss of guidance, instruction, and care
- Grief, sorrow, and mental suffering
- Medical expenses related to the deceased person's final injury or illness, when recoverable through related legal claims
The value of a wrongful death claim depends on many factors, including the deceased person's age, earning capacity, family relationships, and the overall impact of the loss on surviving loved ones.
How Long Do You Have to File a Wrongful Death Lawsuit in Illinois?
In most cases, the Illinois Wrongful Death Act (740 ILCS 180/2) requires a wrongful death lawsuit to be filed within two years of the person's death. However, certain circumstances may change this deadline, such as cases involving criminal proceedings, government entities, or other legal exceptions.
Because missing the filing deadline may prevent your family from recovering compensation, it is important to speak with an experienced wrongful death lawyer as soon as possible.
How Can Our Chicago Wrongful Death Lawyers Help?
Pursuing a wrongful death claim while grieving the loss of a loved one can feel overwhelming. Our Chicago wrongful death lawyers handle every aspect of your case, allowing you to focus on your family while we fight to protect your legal rights.
- Investigate the Cause of Death: Our lawyers thoroughly investigate the circumstances surrounding your loved one's death by reviewing accident reports, medical records, witness statements, surveillance footage, and other critical evidence.
- Identify Every Liable Party: Some wrongful death cases involve multiple responsible parties. Our legal team identifies every individual, business, healthcare provider, or other entity whose negligence contributed to your loved one's death.
- Gather Evidence to Support Your Claim: Our lawyers work with accident reconstruction specialists, medical experts, financial professionals, and other experts when necessary to build the strongest possible case on your family's behalf.
- Calculate the Full Value of Your Losses: Wrongful death claims involve far more than immediate financial losses. Our attorneys carefully evaluate your family's current and future damages to pursue the full compensation available under Illinois law.
- Fight for Maximum Compensation: Whether through settlement negotiations or litigation, our Chicago wrongful death lawyers aggressively advocate for your family's best interests and pursue the maximum compensation you deserve.
Frequently Asked Questions (FAQs)
A wrongful death occurs when someone dies because of another person's or entity's negligent, reckless, or intentional conduct. If the deceased could have filed a personal injury lawsuit had they survived, surviving family members may have a wrongful death claim under Illinois law.
Compensation is generally awarded to the surviving spouse and next of kin. The court distributes damages based on each beneficiary's relationship to the deceased and the losses they suffered.
A wrongful death claim compensates surviving family members for the losses they suffer because of their loved one's death. A survival action seeks damages the deceased could have recovered if they had survived, such as medical expenses, lost wages before death, and conscious pain and suffering.
Every case is different. The timeline depends on factors such as the complexity of the investigation, the number of liable parties, the severity of the damages, and whether the case settles or proceeds to trial.
Yes. Illinois law allows eligible surviving family members to share compensation awarded in a wrongful death case based on their relationship to the deceased and the losses they have experienced.
Speak With Our Chicago Wrongful Death Lawyers Today
Losing a loved one because of someone else's negligence is a devastating experience, but you do not have to face the legal process alone. If your family has grounds for a wrongful death claim, our attorneys are prepared to help you pursue justice and the financial recovery you deserve.
At Conboy Law, our Chicago wrongful death lawyers will investigate your case, identify the responsible parties, and fight for the maximum compensation available under Illinois law. We handle wrongful death cases on a contingency fee basis, meaning you pay nothing unless we recover compensation for you.
Call (312) 376-4291 today for a free consultation.
