Waukegan 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
Waukegan Wrongful Death Lawyer

Losing someone you love is one of the hardest things anyone can experience. It feels even worse when the death was caused by someone else’s negligence. Whether it happened in a motor vehicle accident, during medical treatment, or because of reckless conduct, families are left with pain, confusion, and financial stress. You deserve answers and support after a wrongful death.

Conboy Law Injury & Medical Malpractice Lawyers stands with families who are grieving. Our wrongful death attorneys help you take legal steps to hold the responsible party accountable. We help you file a wrongful death claim and pursue fair compensation for medical expenses, funeral costs, and the emotional pain caused by your loss.

With extensive experience in these cases, we offer strong legal support and clear guidance every step of the way. You don’t have to go through this process alone. We’re here to help you find justice.

Why Hire a Waukegan Wrongful Death Lawyer?

Why Hire a Waukegan Wrongful Death Lawyer

When a family member dies due to negligent actions, the legal process can feel overwhelming. A skilled wrongful death lawyer can guide you through your wrongful death lawsuit, gather evidence, and speak with the insurance company on your behalf. These cases often involve medical records, accident reports, and proof of a breach of duty.

Hiring a lawyer means protecting your rights and giving your family the chance to focus on healing. At our wrongful death law firm, we aim for maximum compensation and hold all liable parties accountable.

Whether the case involves nursing home abuse, a motorcycle accident, or surgical errors, we provide strong legal representation from start to finish.

What Is Considered a Wrongful Death in Illinois?

In Illinois, a wrongful death happens when someone dies because of a wrongful action, careless mistake, or intentional conduct by another person or company. These deaths are preventable and often result from a duty of care being broken. Families may pursue a civil lawsuit for both financial and emotional losses.

What’s the Illinois Wrongful Death Act?

The Illinois Wrongful Death Act or 740 ILCS 180/0.01 is the law that allows certain family members to seek monetary compensation after a loved one dies due to negligent behavior or intentional conduct. It gives the right to file a civil lawsuit when a person’s death was caused by another’s breach of duty.

The Act outlines who can file, the types of damages that can be recovered, and how the compensation for losses is distributed.

Under this law, damages may include funeral expenses, loss of income, loss of companionship, and emotional trauma. The claim must be filed by the personal representative of the deceased’s estate on behalf of surviving family members. It also works alongside the Survival Act, which allows recovery for pain and suffering the deceased victim experienced before passing.

Common Causes of Wrongful Death

  • Motor Vehicle Accidents: Includes fatal car accidents, Truck Accidents, and motorcycle accidents caused by driver negligence or reckless behavior.
  • Medical Malpractice: Includes Medication errors, anesthesia mistakes, and accident during surgery by a health care professional or facility.
  • Workplace Accidents: Dangerous job sites and safety violations can lead to Fatal Accidents or catastrophic injuries on the job.
  • Defective Products: Poorly made or unsafe items can cause fatal harm, leading to product liability claims.
  • Pedestrian Accidents: A negligent driver can strike someone crossing the street, causing fatal injuries.
  • Nursing Home Negligence: Abuse, neglect, or failure to provide proper care to elderly residents can result in death.
  • Intentional Homicide or Reckless Homicide: Involves acts of violence or criminal behavior that lead to someone’s death.

Medical Malpractice and Wrongful Death in Waukegan

When a medical professional makes a mistake that leads to death, it may be considered medical malpractice. This includes surgical errors, birth injuries, medication errors, and delayed diagnosis. These wrongful death actions often involve hospitals, clinics, or other care providers accountable for the loss.

We work with medical experts and review treatment costs, care records, and hospital mistakes. Our team builds strong cases to hold healthcare professionals and institutions responsible. Families deserve justice when a breach of duty led to the loss of a loved one.

Who Can File a Wrongful Death Lawsuit in Waukegan?

Who Can File a Wrongful Death Lawsuit in Waukegan

In Illinois, only certain people may file a wrongful death lawsuit. The law is specific about who has the legal right to bring a claim.

  • Spouse of the Deceased: The surviving husband or wife may file for monetary damages and emotional trauma.
  • Adult Child of the Deceased: Sons or daughters may seek compensation for losses like loss of instruction or companionship.
  • Parent of a Deceased Minor or Unborn Child: Parents can take legal action after the death of a minor or unborn child.
  • Personal Representative: A person named to handle the estate can bring the claim on behalf of all eligible survivors.

Compensation Available in a Waukegan Wrongful Death Claim

Families may be entitled to various forms of financial compensation after a wrongful death accident. This includes money for direct costs and long-term emotional losses.

Economic Damages

These cover measurable losses like medical expenses, funeral expenses, burial expenses, loss of income, and loss of earnings. Families can also include treatment costs the deceased received before death.

Non-Economic Damages

These cover mental anguish, loss of consortium, loss of companionship, and emotional distress. They reflect the pain of losing someone and the effect on your quality of life.

How Long Do You Have to File a Wrongful Death Claim in Illinois?

How Long Do You Have to File a Wrongful Death Claim in Illinois

In most cases, Illinois allows you two years from the date of death to file a wrongful death claim. This is known as the statute of limitations. However, if the case involves Medical Malpractice or intentional conduct, different timelines may apply.

The statute of limitations may be extended (or tolled) if certain facts were not known right away. It’s important to contact a lawyer quickly, so your case stays within the applicable statute and doesn’t get dismissed.

Can You Still File if the Deceased Was Partially at Fault?

Yes. Illinois follows fault statutes based on modified comparative negligence (735 ILCS 5/2-1116). If the deceased was less than 51% responsible, the family may still recover wrongful death damages. However, monetary compensation may be reduced based on the percentage of fault.

An attorney can review the case and determine if the responsible party still owes compensation for losses under state law.

What to Expect During a Wrongful Death Lawsuit

The legal process after a death can feel complex, but a clear plan helps. Here is what most families can expect when filing a civil action in Waukegan:

Initial Consultation and Case Evaluation

You meet with our wrongful death attorneys for a free, private meeting. We review the facts, explain your options, and help you understand your rights.

Investigation and Evidence Collection

We gather accident scene photos, medical records, witness statements, and expert opinions. This builds a strong case and proves the negligent party is at fault.

Settlement Negotiations or Trial

We try to reach fair settlements through negotiation. If that fails, we prepare for trial and aim for a successful lawsuit to recover all applicable damages.

Steps to Take After Losing a Loved One in a Fatal Accident

Steps to Take After Losing a Loved One in a Fatal Accident
  1. Seek Legal Guidance: Contact a trusted personal injury lawyer right away to protect your rights and explore legal options.
  2. Gather Records: Keep all medical bills, funeral expenses, and reports related to the death.
  3. Identify Witnesses: Write down names and contact details of anyone who saw the accident or was involved.
  4. Avoid Insurance Companies Alone: Do not speak to the insurance company without an attorney. They may try to minimize your claim.
  5. Complete the Legal Forms: Work with your attorney to file the claim for damages properly and within the deadline.

How Our Waukegan Wrongful Death Lawyers Can Help

Our legal team provides strong support and clear communication during this difficult time. We handle every step from filing paperwork to dealing with insurance providers so you can focus on healing.

With a strong record in personal injury claims, we know how to deal with insurance adjusters, gather proof, and build cases with accident reconstruction specialists and medical experts. Our goal is to help your family recover maximum compensation for both financial loss and emotional distress.

We provide personalized service, fast answers, and honest guidance. Our experienced attorneys serve families across Waukegan, Illinois with care and strength.

FAQs

A wrongful death claim is filed after someone dies due to negligence. A personal injury claim is for injuries that don’t result in death. Both aim to recover damages.

Yes. If a medical professional made a serious mistake that caused death, it may qualify as Medical negligence. You may be able to file a medical malpractice lawsuit.

It depends on the case. Some are settled in months. Others, especially complex cases, may take longer. Our firm works hard for a favorable outcome.

You may be able to recover economic and non-economic damages, including burial costs, loss of income, and Loss of consortium.

We offer a complimentary consultation, and you don’t pay unless we win your case. We work on a contingency fee basis.

Contact Our Waukegan Wrongful Death Lawyer for a Free Consultation

Contact Our Waukegan Wrongful Death Lawyer for a Free Consultation

If you’ve lost a loved one due to a preventable accident or careless behavior, we are here to help. Conboy Law Injury & Medical Malpractice Lawyers fights for justice and work hard to recover the compensation for losses your family needs.

Whether your case involves nursing home abuse, bicycle accidents, medical errors, or fatal car accidents, our team has the legal experience to stand up for you. We handle the paperwork, work with experts, and fight for the maximum compensation allowed by law.

Contact us today or fill out our online contact form to schedule your initial consultation. Let a trusted Waukegan wrongful death lawyer help you take the next step toward healing and justice.

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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