The sudden loss of a loved one due to someone else’s negligence is devastating. At Duncan Law Group, our wrongful death lawyers in Chicago fight to secure answers, hold the responsible parties accountable, and recover the compensation grieving families need. If you’re searching for a wrongful death lawyer, many Chicago families turn to Duncan Law Group for answers.
What Constitutes a Wrongful Death Claim in Illinois?
Losing a loved one in an unexpected manner is a devastating experience that can leave family members in a state of shock and loss. When a death occurs due to the negligence, carelessness, or wrongdoing of another, legal recourse can be taken through a wrongful death claim or lawsuit. Though nothing can bring back the life that was lost, immediate family members can be compensated for their financial and emotional losses through wrongful death claims.
Common Causes: Car Accidents, Medical Malpractice, and Premises Liability
Wrongful death lawsuits in Illinois often result from:
- Car, truck, and motorcycle accidents
- Medical malpractice and nursing home abuse
- Dangerous property conditions (premises liability)
- Workplace accidents
You can hold a company liable for wrongful death if your loved one died due to the negligent actions of the entity. For example, a company that improperly disposes of toxic waste near your loved one’s home may be liable for your loved one’s cancer. If your wrongful death case involves a defective or dangerous product, you can hold any entity along the chain of distribution accountable, depending on the exact cause of death.
Proving Negligence and Fault Under IL Law
To successfully pursue a wrongful death claim in Illinois, your wrongful death attorney must demonstrate four key factors:
- Duty of Care: Show that the defendant had a legal responsibility to act reasonably toward your loved one, such as a driver’s duty to operate a vehicle safely or a doctor’s duty to provide proper medical care.
- Breach of Duty: Prove that the defendant failed to meet that responsibility, whether through careless actions, inattention, or failure to follow established safety standards.
- Causation: Establish that the breach of duty directly caused your loved one’s death. This connection must be supported by evidence such as medical records, accident reports, and expert testimony.
- Damages: Demonstrate that your family suffered quantifiable losses as a result of the wrongful death.
Evidence like medical documentation, police reports, witness statements, and expert opinions are critical to building a strong case and securing the compensation your family is entitled to.
Who Can File a Wrongful Death Lawsuit in Chicago?
Illinois law dictates who is eligible to bring a wrongful death case. Typically, claims must be filed by immediate family members such as a spouse, parents of a deceased minor, the deceased adult child, or the appointed representative of the decedent’s estate.
Eligibility for Surviving Family Members and Estates
Under Illinois law, only the personal representative of the decedent’s estate can officially file a wrongful death lawsuit. This representative is usually appointed in the deceased’s will; if no will exists, the court will appoint one (often a spouse, adult child, or parent).
The lawsuit is filed in the name of the personal representative, but any damages recovered are distributed for the benefit of surviving spouses and next of kin according to their level of dependency. “Next of kin” can include children, parents, or other dependents, but extended relatives generally need to be appointed by the court. This ensures the right parties are represented and eligible family members receive compensation in accordance with Illinois law.
If you are unsure about your eligibility, Duncan Law Group can help identify and appoint the correct personal representative for your family’s wrongful death claim.
Statute of Limitations and Key Deadlines
In Illinois, wrongful death claims must generally be filed within two years from the date of death, though certain circumstances may allow slightly longer. Missing these deadlines can mean forfeiting your right to financial recovery, so prompt action is essential.
Types of Compensation in Wrongful Death Cases
Families affected by wrongful death may recover several types of damages, both economic and non-economic.
Economic damages typically cover:
- Lost income and future earnings
- Medical bills related to the final injury or illness
- Funeral and burial expenses
- Loss of benefits and services previously provided by the decedent
Whereas, non-economic damages cover things like:
- Pain and suffering of surviving family members
- Loss of companionship, guidance, and society
- Emotional distress and mental anguish
How Duncan Law Group Handles Wrongful Death Claims
Our wrongful death lawyers in Chicago have 100 years of combined experience guiding families from investigation to resolution.
Step-by-Step Process: From Investigation to Settlement or Trial
- Initial review: We listen, assess eligibility, and explain your options.
- Investigation: Our lawyers gather evidence, build the case, and identify all liable parties.
- Demand and negotiation: We calculate damages and negotiate for a fair settlement.
- Litigation: If settlement isn’t possible, our experienced trial lawyers fight for justice in court.
Proven Results: Multimillion-Dollar Verdicts for Chicago Families
If your family is facing the unthinkable after a loved one's wrongful death, choose the attorneys with a track record that speaks for itself. Duncan Law Group has won multi-million dollar verdicts and settlements for families across Chicago and Illinois including:
- $2,750,000 for construction-related wrongful death
- $3,115,000 for a construction zone incident
- $2,950,000 for medical malpractice
- $1,515,000 in an auto accident claim
Let our proven results work for you. Contact Duncan Law Group’s wrongful death lawyers in Chicago today for a free consultation and see how our experience and dedication can help secure the justice and compensation your family deserves.
Frequently Asked Questions About Wrongful Death in Chicago
What qualifies as wrongful death in Illinois?
Any death caused by another’s negligent or wrongful act such as in a car accident, workplace incident, or medical error may justify this type of claim.
Who can file a wrongful death lawsuit in Chicago?
In Illinois, only the personal representative (executor or administrator) of the deceased’s estate can file a wrongful death lawsuit. This representative acts on behalf of the surviving family members, which often include spouses, children, and parents. The damages recovered are then distributed to eligible survivors according to state law.
How long do I have to file a wrongful death claim?
Illinois generally requires wrongful death claims to be filed within two years from the date of the loved one’s death. There are exceptions, such as claims against government entities which may have shorter deadlines, or cases involving minors. It is crucial to act quickly to preserve your legal rights.
What types of damages can be recovered in a wrongful death case?
Families may recover economic damages like lost income, medical bills incurred before death, and funeral expenses. Non-economic damages include compensation for pain and suffering, loss of companionship, and emotional distress. In rare cases, punitive damages may be awarded to punish especially reckless or intentional conduct.
How do you prove negligence and fault in a wrongful death claim?
To prove negligence, the claimant must establish that the defendant owed a duty of care, breached that duty, caused the death, and that damages resulted. This typically involves collecting evidence such as medical records, accident reports, witness statements, and expert testimony. Showing a clear link between the defendant’s actions and the death is critical.
Can comparative fault affect my wrongful death claim?
Yes. Illinois follows a comparative fault rule, which reduces compensation proportionately if the deceased is found partially responsible for their own death. If the deceased is found more than 50% at fault, the claim may be barred entirely. Your attorney can help navigate this complex issue to protect your recovery.
