Illinois Practice Area
Illinois Wrongful Death attorneys.
Losing a family member due to someone else's negligence is devastating. Illinois wrongful death attorneys help surviving family members pursue compensation for lost financial support, funeral costs, and the loss of companionship.
Why attorneys matter
Why people hire wrongful death attorneys
Wrongful death claims involve strict procedural requirements — who can file, what damages are available, and how the estate and family members' claims interact. An attorney ensures all eligible parties are represented and that no claims are inadvertently waived.
Damages in wrongful death cases extend beyond medical bills and funeral costs to include lost financial support, loss of services, loss of companionship, and in some states, the decedent's pre-death pain and suffering. Accurately calculating and proving these damages requires experience.
Insurance companies and defense attorneys move quickly after a fatal accident to protect their clients. An attorney preserves evidence, secures witness statements, and prevents spoliation before critical evidence disappears.
Wrongful death cases frequently involve complex liability — multiple defendants, comparative fault arguments, and insurance coverage disputes. An attorney identifies all responsible parties and pursues maximum recovery.
Wrongful death attorneys typically work on contingency — no upfront cost to the family. The attorney's fee comes from the settlement or judgment.
Common questions
Common questions about wrongful death
General information only — not legal advice.
Who can file a wrongful death lawsuit?
Wrongful death laws vary by state, but most allow immediate family members — spouses, children, and parents of unmarried minors — to file. Some states extend this to domestic partners, financial dependents, or anyone who suffered financially from the death. The lawsuit is typically filed by a representative of the deceased's estate on behalf of surviving family members.
What damages are available in a wrongful death case?
Damages typically fall into two categories: economic damages (medical expenses, funeral costs, lost future income and financial support, loss of services) and non-economic damages (loss of companionship, consortium, guidance, and care). Some states allow survival claims for the decedent's own pain and suffering before death. Punitive damages may be available if the conduct was egregious.
How long do I have to file a wrongful death claim?
Wrongful death statutes of limitations vary by state — typically between one and three years from the date of death. Some states have different deadlines depending on the cause of death (e.g., medical malpractice vs. general negligence). Missing the deadline permanently bars the claim, so consulting an attorney promptly is critical.
Can I file a wrongful death claim even if there was a criminal case?
Yes. A wrongful death civil lawsuit is completely separate from any criminal prosecution. The standard of proof is lower in civil cases (preponderance of the evidence vs. beyond a reasonable doubt), so a civil claim can succeed even if criminal charges were not filed or the defendant was acquitted. The O.J. Simpson civil verdict is a well-known example.
What if the deceased was partially at fault?
Comparative fault rules apply in wrongful death cases the same way they do in personal injury cases. In most states, recovery is reduced by the percentage of fault attributed to the deceased. In a minority of states, any fault by the deceased may bar recovery entirely. An attorney evaluates how comparative fault affects your case and works to minimize fault attribution.
Illinois Coverage
Wrongful Death attorneys throughout Illinois
Serving Chicago, Aurora, Joliet, Naperville, Rockford, Springfield, Elgin, Peoria, Champaign, Waukegan, and communities across Illinois.
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