Losing a loved one due to someone else’s negligence is devastating. The grief, anger, and uncertainty can feel overwhelming, but you don’t have to face it alone. A wrongful death lawyer in Chicago helps you get through the legal process while protecting your family’s rights.
At Shore Law, we have more than 40 years of combined legal experience helping families move on after a tragic event. Our Chicago personal injury lawyers work closely with you to build a strong claim that clearly shows how your life changed after the fatal accident. Call today for a free consultation.
Compassionate Wrongful Death Attorneys in Chicago
Our Chicago wrongful death attorneys combine compassion with fierce advocacy to guide families through this difficult time. We understand that no two cases are alike, and every detail matters when holding negligent parties accountable.
We take a meticulous, detail-oriented approach to every case, leaving no stone unturned. Our focus is not just on the financial recovery but also on ensuring your loved one’s life is honored. We make it our mission to hold the responsible parties fully accountable.
How Illinois Law Defines Wrongful Death
According to 740 Ill. Comp. Stat. § 180/1 (2024), in Illinois, a wrongful death occurs when a person dies because of another person’s wrongful act, neglect, or failure to act. This statute typically applies if the deceased could have filed a personal injury or medical malpractice claim had they survived.
Illinois law focuses on the fact that the death resulted from someone else’s wrongful behavior, not on the specific circumstances of how it happened. The “could have brought a personal injury claim” requirement is simply a legal way of saying that the death was caused by another person’s negligence or misconduct.
Any time a person dies due to someone else’s wrongful actions, it qualifies as a wrongful death under Illinois law. Our wrongful death attorneys in Chicago can explain in more detail how state laws apply to your case.
Can I File a Wrongful Death Claim in Illinois?
In Illinois, a wrongful death claim cannot be filed by just any family member. The law requires that the claim be filed by the personal representative of the deceased person’s estate. This ensures that the lawsuit is handled properly and that any compensation is distributed according to the law.
Having a personal representative handle the claim streamlines the process, prevents disputes between family members, and ensures that the lawsuit is filed correctly and on time. Our experienced Chicago wrongful death attorneys can guide the personal representative through every step of this process.
If the Deceased Person Had a Will
The will usually names a personal representative, sometimes called an executor. This person is responsible for managing the estate, filing the wrongful death claim, and protecting the rights of the surviving family members.
If the Deceased Person Did Not Have a Will
The probate court will appoint a personal representative to manage the estate. This court-appointed representative takes on the same responsibilities, including filing the wrongful death claim, handling estate matters, and ensuring that any damages awarded are distributed fairly to the surviving family.
You Can Get Wrongful Death Damages
In a wrongful death case, damages are the compensation awarded for losses caused by another person’s negligence or wrongdoing. While every case is different, the goal is to help surviving family members recover for the financial, emotional, and personal impact of their loved one’s death.
Damages in a wrongful death case can include:
- Loss of financial support: Income or other support the deceased provided to the family.
- Loss of services: Household help, child care, or other assistance the deceased provided.
- Loss of care and companionship: Emotional support, guidance, advice, and the presence of the deceased in daily life.
- Loss of prospective inheritance: Benefits that the deceased might have left to their spouse or children.
- Mental anguish: Emotional pain and suffering experienced by the surviving family members.
A wrongful death lawsuit is brought for the exclusive benefit of the surviving spouse and next of kin. While Illinois law doesn’t strictly define “next of kin,” it generally includes surviving relatives who were financially dependent on the deceased. Adoptive parents and adopted children are treated the same as biological parents and children.
How Much is My Case Worth?
It’s natural to want to know how much a wrongful death case could be worth, but there’s no one-size-fits-all answer. Every case is unique, and the value depends on the specific facts, the losses suffered by your family, and the strength of the evidence.
In a successful wrongful death lawsuit, the court can award damages to compensate for losses caused by the deceased person’s death. The total value of a case depends on factors like the deceased person’s age, health, income, and role in the family, as well as the circumstances of the death.
Only a detailed review of your situation by our experienced wrongful death attorneys in Chicago can provide an accurate estimate of what your case may be worth. Take action promptly to ensure important evidence is preserved and to strengthen your family’s chance of securing fair compensation.
Illinois Has a Statute of Limitations for Wrongful Death Lawsuits
In Illinois, wrongful death claims are subject to a statute of limitations, which is the legal deadline for filing a lawsuit. For most wrongful death cases, you must file the claim within two years of the date of the decedent’s death.
There are exceptions to this general rule. Different deadlines may apply if the death was caused by medical malpractice or government misconduct. Our Chicago wrongful death lawyers can determine the exact deadline that applies to your case.
Filing on time is critical. Missing the statute of limitations can prevent your family from pursuing compensation altogether. Consult our experienced Chicago wrongful death attorneys as soon as possible to ensure that your claim is filed correctly and within the required timeframe.
Call Our Experienced Wrongful Death Attorneys in Chicago
With clear communication and a commitment to excellence, we support families through every step of the legal process. We fight for justice, giving you the strength to focus on healing while we pursue the accountability your family deserves.
Call Shore Law today to share your experience with us. Our wrongful death lawyers in Chicago will listen to your account and guide you through the next steps with compassion.