Losing someone you love is heartbreaking, especially when it happens because of someone else's carelessness or wrongdoing. In Illinois, you can file a wrongful death lawsuit to hold those responsible accountable and seek compensation for your loss. This compensation may cover funeral and medical costs, lost financial support, and the emotional pain from losing someone close to you. 

Because these cases must be filed within a set timeframe, it's very important to talk to an experienced wrongful death lawyer as soon as possible. The lawyers at Duncan Law Group will handle the legal details for you with care and respect, guiding your family through every step of this difficult time. That way you can focus on healing while we work to protect your rights and honor your loved one's memory.

Reach out to Duncan Law Group for a free consultation and compassionate support when it matters most.

What Is Considered a Wrongful Death in Illinois?

In Illinois, a wrongful death occurs when a person’s life is taken due to the negligent, reckless, or intentional act of another. Illinois’s Wrongful Death Act allows close family members to file a lawsuit to seek financial help and hold those responsible accountable.

Unlike a criminal case, which focuses on punishing the wrongdoer, a wrongful death lawsuit helps your family recover money for your losses, such as funeral costs, lost income, and the pain of losing someone you loved. This lawsuit is filed by the person legally appointed to handle the deceased’s affairs, usually a family member.

Common Causes of Wrongful Death

• Motor Vehicle Accidents: Including car, truck, motorcycle, and pedestrian collisions caused by speeding, distracted, or impaired drivers.
• Medical Malpractice: When a healthcare provider’s failure to meet the standard of care leads to a preventable death.
• Workplace Accidents: Especially in construction, manufacturing, and industrial settings where safety protocols are ignored or equipment is defective.
• Defective Products: Such as unsafe vehicles, machinery, pharmaceuticals, or consumer goods that cause fatal injuries.
• Nursing Home Neglect or Abuse: When vulnerable residents suffer fatal harm due to inadequate care, neglect, or mistreatment.
• Premises Liability Incidents: Including fatal slip and fall accidents, unsafe property conditions, or negligent security.
• Criminal Acts or Intentional Harm: When violence, assault, or other deliberate acts result in the loss of life.

Who Can File a Wrongful Death Lawsuit?

In Illinois, a wrongful death lawsuit is filed by the personal representative of your loved one’s estate. This person is usually named in the deceased’s will. If there isn’t one listed, a representative can be appointed by the court. The personal representative acts on behalf of your family to seek justice and compensation for the loss of your loved one. 

Eligible family members who can file a wrongful death claim include:

• The surviving spouse
• The deceased’s children, including adopted children
• The deceased’s parents or next of kin, if there is no surviving spouse or children

This legal action helps protect the rights of those who depended on the deceased, both emotionally and financially, by holding the responsible party accountable for their actions.

How Long Do You Have to File a Wrongful Death Lawsuit?

In most cases, Illinois law allows a wrongful death lawsuit to be filed within two years of the date of death. However, there are exceptions, such as when the death results from medical malpractice or when criminal charges are pending, that can affect this deadline. 

Because of these exceptions and strict deadlines, it’s important to speak with an experienced wrongful death attorney as soon as possible to ensure your family’s claim is filed within the required timeframe.

How to Prove a Wrongful Death Claim

To prove a wrongful death claim, the family must show that another person or party’s negligent, reckless, or intentional actions caused their loved one’s death. The main elements that must be proven include:

• Duty of Care: The defendant had a legal responsibility to act safely or reasonably toward the deceased.
• Breach of Duty: The defendant failed to uphold that duty through negligent, reckless, or wrongful behavior.
• Causation: The breach of duty directly led to the death of the victim.
• Damages: The surviving family members suffered measurable losses, such as emotional pain, loss of companionship, and financial hardship.

A wrongful death attorney can help gather evidence, consult with experts, and ensure that every piece of documentation is used to present a clear and compelling case for justice on behalf of your loved one.

The Wrongful Death Lawsuit Process: Step-by-Step

While every wrongful death case is different, understanding the general steps involved can provide families with a sense of structure during a difficult time. Each case may vary depending on the circumstances, evidence, and parties involved, which is why having an experienced wrongful death attorney is so important.

1. Initial Consultation: Meet with a wrongful death attorney to review your situation, determine eligibility to file, and discuss potential legal options.
2. Investigation and Evidence Gathering: Your attorney collects crucial information, such as accident reports, witness statements, medical records, and expert opinions, to build a strong case.
3. Filing the Claim: The wrongful death lawsuit is officially filed by the personal representative of the deceased’s estate in civil court.
4. Discovery Phase: Both sides exchange information and evidence, conduct depositions, and review documents relevant to the case.
5. Negotiation and Settlement: Many cases are resolved through settlement discussions, where your attorney advocates for fair compensation without going to trial.
6. Trial (if necessary): If a settlement isn’t reached, the case proceeds to trial, where a judge or jury determines liability and damages.
7. Award and Distribution: If successful, the compensation awarded is distributed to eligible surviving family members according to Illinois law.

Damages You May Recover in a Wrongful Death Claim

In a wrongful death lawsuit, families may be entitled to recover various types of compensation for the losses they have suffered. Common damages in a wrongful death claim include:

• Medical and Funeral Expenses: Costs related to the deceased’s final medical care and funeral or burial services.
• Loss of Financial Support: Income and benefits the deceased would have provided to their family.
• Loss of Companionship or Consortium: Emotional support, love, and guidance the deceased would have offered.
• Pain and Suffering: Compensation for the mental and emotional distress endured by the family.
• Loss of Inheritance: Assets or property the family might have received if the deceased had lived.
• Punitive Damages (in certain cases): Additional damages intended to punish particularly reckless or intentional behavior.

Why Hire a Wrongful Death Lawyer at Duncan Law Group?

At Duncan Law Group, our compassionate wrongful death attorneys fight for the accountability and compensation your family needs to move forward. We have secured substantial results for families, including several multi-million dollar payouts for wrongful death claims. These results reflect our unwavering commitment to protecting families and holding responsible parties fully accountable.

Speak With a Wrongful Death Attorney in Illinois Today

Time is ticking on filing a wrongful death claim. Our experienced Illinois wrongful death attorneys are ready to guide you through each step, from investigating the circumstances of your loved one’s death to advocating fiercely on your behalf. Reach out to Duncan Law Group today for a free consultation and take the first step toward holding the responsible parties accountable.