Losing someone because of another person's negligence or misconduct is one of the most devastating experiences a family can endure. In the middle of that grief, many families find themselves asking whether they have legal options and what it actually takes to hold the responsible party accountable. Proving wrongful death in Illinois involves more than simply showing that someone passed away as a result of an accident. It generally requires establishing a case that meets specific legal standards and is supported by clear, credible evidence.
Duncan Law Group represents families throughout Chicago and Illinois in wrongful death cases, bringing over 100 years of combined legal experience to every claim we handle. If you lost a loved one due to someone else's negligence, call us at (312) 202-3283 to discuss your family's options.
What Is Considered Wrongful Death in Illinois?
Under the Illinois Wrongful Death Act, a wrongful death occurs when a person passes away as a result of a wrongful act, neglect, or default by another party. If the deceased would have had the right to bring a personal injury claim had they survived, it may provide grounds for a wrongful death claim.
Is Wrongful Death a Civil Lawsuit?
Yes. A wrongful death claim is a civil lawsuit, not a criminal proceeding. It is filed in civil court by surviving family members or the personal representative of the deceased's estate, and it seeks monetary compensation rather than criminal punishment.
The burden of proof in a civil case is lower than in a criminal case. Rather than proving guilt beyond a reasonable doubt, the family must demonstrate that the defendant's negligence is more likely than not the cause of the death.
How Wrongful Death Differs From Criminal Cases
A criminal case is brought by the state and can result in imprisonment or other criminal penalties. A wrongful death civil case is brought by the family and results in financial compensation if successful.
Importantly, the two are independent of each other. A defendant who was acquitted in a criminal trial can still be found liable in a civil wrongful death case because the standards of proof are different. Families may still have legal options through a civil claim, even if criminal charges were never filed or did not lead to a conviction.
The Legal Elements of a Wrongful Death Claim
To pursue a successful wrongful death claim in Illinois, four legal elements generally must be established.
Duty of Care
The defendant must have owed the deceased a legal duty of care. This duty exists in many contexts. Drivers owe a duty of care to others on the road. Doctors owe a duty of care to their patients. Property owners owe a duty of care to lawful visitors. Establishing that a duty existed is often one of the more straightforward aspects of a wrongful death case, depending on the circumstances.
Breach of Duty
The family must show that the defendant failed to meet the standard of care their duty required. A driver who ran a red light breached their duty to drive safely. A physician who failed to diagnose a treatable condition may have breached their duty of medical care. Examining the breach of duty is where negligence analysis becomes central to the case.
Causation
A breach of duty alone is not enough. The family must present evidence showing that the breach directly caused or significantly contributed to the death. This is often one of the most contested elements, particularly if the defense argues that the death resulted from a pre-existing condition, an unrelated event, or the actions of a third party. Expert testimony is often necessary to establish causation in wrongful death cases.
Damages
Finally, the family must show that the death produced compensable damages. These include financial losses such as lost income and medical expenses, as well as non-economic losses such as grief and loss of companionship. Illinois law allows recovery for a broad range of damages, which are discussed in more detail below.
Key Evidence Used to Prove Wrongful Death
The strength of a wrongful death case depends heavily on the quality and completeness of the evidence gathered. Evidence commonly used in these cases includes:
- Police reports, accident reconstructions, and incident documentation from the scene.
- Medical records, autopsy reports, and cause-of-death determinations.
- Eyewitness testimony from people who observed the events leading to the death.
- Surveillance footage, dashcam video, or photographs from the scene.
- Expert testimony from medical professionals, accident reconstructionists, and forensic specialists.
- Employment and financial records establishing the deceased's earning history and future earning capacity.
- Communications, records, or documentation establishing what the defendant knew or should have known.
- Prior complaints, violations, or safety records in cases involving businesses or institutions.
Evidence preservation is time-sensitive. Surveillance footage is overwritten, witnesses' memories fade, and physical evidence deteriorates. Involving a wrongful death attorney as early as possible can help identify and preserve critical evidence before it is lost. Call Duncan Law Group at (312) 202-3283 to get started.
How Negligence Plays a Role in Wrongful Death Cases
Most wrongful death cases involve allegations of negligence. In general, negligence does not necessarily involve intentional harm, as claims can arise from actions or omissions that may have contributed to a person's death.
Common Examples of Negligence Leading to Wrongful Death
Negligence can take many forms in wrongful death cases, including:
Duncan Law Group has the experience and resources to handle these complex cases effectively. To help protect your family’s interests after the wrongful death of your loved one, call us at (312) 202-3283 today.
Who Can File a Wrongful Death Claim in Illinois?
Under Illinois law, a wrongful death claim must be filed by the personal representative of the deceased's estate, but the compensation recovered goes to the surviving spouse and next of kin.
If no personal representative has been appointed, the court can appoint one for purposes of the lawsuit. Eligible beneficiaries typically include the surviving spouse, children, and in some cases parents or other dependents. An attorney can clarify who is eligible based on the specific family circumstances.
What Damages Can Be Recovered in a Wrongful Death Claim?
Illinois wrongful death claims can seek compensation for a range of losses, including:
- Grief, sorrow, and mental suffering of surviving family members
- Loss of companionship, society, and guidance
- Loss of the deceased's financial contributions to the household
- Loss of services the deceased provided to the family
- Medical expenses incurred before death as a result of the wrongful act
- Funeral and burial expenses
Survival Action vs. Wrongful Death Damages
Illinois law distinguishes between a wrongful death claim and a survival action, and in some cases, both may be pursued at the same time.
A wrongful death claim generally focuses on losses experienced by surviving family members, while a survival action addresses damages the deceased may have suffered before death, such as pain and suffering, medical expenses, and lost wages between the injury and death.
Together, these claims can address different categories of damages that may be available under Illinois law.
How Hard Is It to Prove Wrongful Death?
The difficulty of proving a wrongful death case varies significantly depending on the circumstances. Cases with clear liability, strong physical evidence, and straightforward causation, such as a fatal crash caused by a driver who ran a red light, may be relatively strong from an evidentiary standpoint. Cases involving medical malpractice, disputed causation, or institutional defendants can be considerably more complex and typically require substantial expert involvement.
The civil standard of proof, a preponderance of the evidence, differs from the standard used in criminal cases and may be less demanding to meet. However, pursuing a wrongful death claim can involve complex legal and evidentiary issues, often requiring extensive preparation, expert analysis, and litigation experience. Because these cases can involve significant factual and legal considerations, many families choose to seek legal guidance during the process.
Why Working With a Chicago Wrongful Death Lawyer Matters
Having an attorney familiar with Illinois wrongful death law, who understands how to build and present these cases and is prepared to take them to trial when necessary, can play a critical role for families seeking justice and fair compensation.
Duncan Law Group has recovered hundreds of millions of dollars for injury victims and their families throughout Illinois, though results depend on the facts of each case. We handle wrongful death cases on a contingency fee basis, meaning you pay no attorney fees unless we recover compensation for your family.
Speak With Duncan Law Group About Your Wrongful Death Case
If your family lost a loved one due to someone else's negligence, you deserve honest answers about your legal options and what pursuing a claim would involve. Duncan Law Group is ready to listen, evaluate your situation, and advise you on the path forward.
Contact us at (312) 202-3283 to speak with our Chicago wrongful death lawyer today.
