Elgin Wrongful Death Lawyer

This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founder, Joseph Conboy who has years of legal experience. Our last modified date shows when this page was last reviewed.

Joseph Conboy | June 30, 2025
Elgin Wrongful Death Lawyer

Losing a loved one is painful. But when that loss is caused by someone else’s carelessness, the pain is even deeper. Families not only grieve but also face financial stress, funeral costs, and the sudden loss of support they once depended on.

Conboy Law Injury & Medical Malpractice Lawyers helps families in Elgin and nearby areas take legal action after a tragic loss. Our team understands how hard these times are. That’s why we offer honest advice and strong legal representation for those dealing with Illinois wrongful death claims.

We’re here to hold the right people accountable and help you recover the compensation you need. If someone else’s mistake caused your loved one’s death, we’re ready to help you seek justice.

Seeking Justice After a Loved One’s Death in Elgin, IL

Seeking Justice After a Loved One’s Death in Elgin, IL

If your loved one died because of someone else’s actions, the law may allow you to file a claim. Illinois wrongful death laws are meant to protect surviving family members by helping them recover financial damages.

What Qualifies as a Wrongful Death in Illinois?

A death is considered “wrongful” under Illinois law if it was caused by another person’s wrongful act, neglect, or carelessness. In most cases, a surviving spouse, child, or parent can file the claim.

Common Causes – Car Accidents, Medical Malpractice, Workplace Incidents

  • Car Accidents: Fatal crashes caused by reckless, drunk, or distracted drivers.
  • Medical Malpractice: Mistakes by doctors or healthcare professionals that lead to death.
  • Workplace Incidents: Unsafe work environments that cause fatal injuries.

Why Families Turn to a Wrongful Death Attorney

Working with an experienced wrongful death attorney helps you understand your rights and options. The legal process can be stressful, but a trusted lawyer will guide you through it and help you focus on healing while they handle the rest.

Proving Wrongful Death: What’s Required

To win a wrongful death case in Illinois, you must show clear proof that the death was caused by someone else’s mistake or carelessness. The law requires strong evidence of what went wrong, who was responsible, and how their actions led to the loss.

Our legal team works to build a solid claim for family members seeking justice.

Duty of Care and Breach of That Duty

The first step is showing that the person or business owed your loved one a duty of care. This means they were expected to act in a safe and responsible way. If they failed to meet that duty by driving recklessly, making a medical error, or ignoring safety rules, that breach can be used as legal grounds for your claim.

Direct Link Between Negligence and Death

It’s not enough to show that someone acted carelessly. You must also prove that their actions directly caused your loved one’s death. This connection between negligence and the fatal outcome is key. An experienced wrongful death attorney will use facts, timelines, and expert input to show that the death would not have occurred without that misconduct.

Gathering Medical Records, Police Reports, and Expert Testimony

Evidence matters. A strong case includes medical records, crash or police reports, and testimony from experts who can explain how the wrongful act led to death. These details help prove liability and show how the loss has affected your family.

Time Limits for Filing a Wrongful Death Claim in Illinois

Time Limits for Filing a Wrongful Death Claim in Illinois

If you’re considering a wrongful death lawsuit in Illinois, you must act within the legal time limits. Illinois law sets a deadline for filing, and missing it could mean losing your right to seek compensation. Knowing these timeframes and how they apply to your case is critical, especially during such a difficult time.

Statute of Limitations Overview

Under Illinois law, most wrongful death cases must be filed within two years from the date of the person’s death. This deadline is called the statute of limitations. If you file after this window, the court may dismiss your case, even if your evidence is strong.

That’s why contacting an experienced wrongful death attorney right away can protect your legal rights.

Exceptions and Special Circumstances

Some situations can extend the time limit. For example, if the wrongful death involves a minor or wasn’t discovered right away, like in some medical malpractice cases, the clock might start later. These exceptions are complex and must be carefully reviewed.

A knowledgeable attorney can examine your case and explain whether you qualify for more time.

What to Expect When You File a Wrongful Death Lawsuit

What to Expect When You File a Wrongful Death Lawsuit

Filing a wrongful death lawsuit involves multiple steps. Each step helps build the case and move it toward resolution, whether through settlement or trial.

  1. Initial Consultation: Meet with an attorney to discuss your situation. During this meeting, you’ll review the facts, talk about deadlines, and get honest advice on your legal options.
  2. Investigation and Case Building: Your legal team will collect evidence like medical records, police reports, witness statements, and expert opinions. This stage is vital for proving liability and showing the impact on your family.
  3. Filing the Lawsuit: Once the evidence is strong, your lawyer will file a formal complaint in court. This document outlines the legal basis for your case and starts the legal process.
  4. Negotiation and Settlement Talks: Many wrongful death cases settle before trial. Your attorney will handle discussions with the other party to try and reach a fair agreement for financial damages, funeral expenses, and other losses.
  5. Trial (If Necessary): If no settlement is reached, your case may go to trial. Here, your attorney will present your case before a judge or jury. Strong evidence and skilled legal representation are essential at this stage.
  6. Resolution and Compensation: If successful, the court may award compensation to cover your losses. This can include lost income, medical costs before death, and the emotional toll on family members left behind.

Each of these steps is handled by skilled trial attorneys at Conboy Law Injury & Medical Malpractice Lawyers, who fight for your family’s right to justice.

FAQs

A wrongful death occurs when a deceased person dies because of someone else’s negligence, a wrongful act, or even an intentional action. This may result from car accidents, medical errors, or unsafe work conditions. In these cases, the family has the right to pursue a personal injury lawsuit to hold the responsible party accountable.

Under Illinois law, the personal representative of the deceased person’s estate (often a spouse, adult child, or parent) can file the lawsuit. This person acts on behalf of family members and beneficiaries who have suffered due to the loss. An Elgin wrongful death attorney can guide you through whether you’re eligible to file.

You may be able to recover compensation for financial support the person provided, funeral and burial expenses, medical bills before death, and the emotional pain the family now endures. An experienced Elgin wrongful death lawyer will help you calculate and recover damages based on your family’s unique situation.

Working with two skilled trial attorneys from a respected law firm gives your family the best chance at a successful outcome. At Conboy Law Injury & Medical Malpractice Lawyers, we’re proud to be serving Elgin, Arlington Heights, Park Ridge, Rolling Meadows, and beyond. Our injury lawyers fight for justice across the entire Elgin area and have millions recovered on behalf of clients.

Getting started is easy. We offer a free virtual initial consultation so you can speak with a lawyer from the comfort of your home. During this call, we’ll answer your questions, explain your rights, and help you decide on next steps. If such person as yourself is dealing with a sudden loss, don’t wait, get help from trusted legal professionals today.

Contact Our Elgin Wrongful Death Attorney for a Free Consultation

Contact Our Elgin Wrongful Death Attorney for a Free Consultation

Losing someone you love is always painful, but when it happens because of someone else’s negligence, the emotional toll is even greater. Conboy Law Injury & Medical Malpractice Lawyers is committed to helping accident victims and their families take legal action when wrongful death results in serious injuries, financial hardship, and emotional suffering. We know how important it is to have experienced legal representation you can trust.

Our team understands the weight of this loss and the urgent need for justice. Whether your case involves broken bones, medical mistakes, or any other form of preventable harm, we will stand by your side every step of the way. We are proud to serve families throughout Elgin, Rolling Meadows, and nearby areas.

If your family has suffered such a tragedy, contact us today. We offer a free consultation today to help you understand your rights and your options. Let our lawyers handle the legal burden so you can focus on healing.

Joseph Conboy
Founding Attorney

Joseph M. Conboy, founder of Conboy Law, represents victims of catastrophic injuries and wrongful death, securing numerous multi-million-dollar results. Recognized as a Super Lawyers Rising Star (2019–2022), he is a member of the American Association for Justice and Illinois Trial Lawyers Association. Mr. Conboy earned his J.D. from DePaul University and a B.A. in Economics from the University of Colorado.

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