Wrongful Death

Wrongful death occurs when someone loses their life due to another's negligent, reckless, or intentional actions. In Illinois, surviving family members may pursue a personal injury claim for wrongful death, seeking compensation for emotional and financial losses. Understanding the legal process and working with an experienced attorney can help families navigate this challenging time, hold responsible parties accountable, and secure the financial support they need to move forward.

Illinois Wrongful Death Act

The Illinois Wrongful Death Act (740 ILCS 180) governs personal injury claims for wrongful death. A wrongful death occurs when a person's death is caused by "wrongful act, neglect or default," and the deceased person would have been entitled to pursue a personal injury claim had they survived.

Who Can File a Claim?

In Illinois, the personal representative of the deceased person's estate (executor or administrator) must file the wrongful death claim. The damages sought benefit the surviving spouse and next of kin, including:

• Spouse

• Children (including adopted children)

• Parents

• Siblings

Proving a Wrongful Death Claim

To succeed in a wrongful death claim, you must demonstrate:

1. The defendant owed the deceased a duty of care

2. The defendant breached that duty through negligence, recklessness, or intentional misconduct

3. The breach of duty directly caused the deceased's death

4. The surviving family members suffered damages as a result of the death

Evidence to support your claim may include police reports, medical records, witness statements, expert testimony, and documentation of financial losses.

Damages Available

In a successful wrongful death claim, surviving family members may be entitled to damages such as:

• Funeral and burial expenses

• Medical bills related to the deceased's final injury or illness

• Lost wages and benefits the deceased would have earned

• Loss of inheritance

• Loss of companionship, guidance, and support

• Grief, sorrow, and mental suffering

In some cases, punitive damages may be awarded for particularly egregious or intentional conduct.

Legal Process for Wrongful Death Personal Injury Claims

1. Initial Consultation and Investigation

• Meet with an experienced Illinois personal injury attorney who handles wrongful death cases

• Provide details about your loved one's death and its impact on your family

• Your attorney will investigate the circumstances, gather evidence, and identify liable parties

2. Opening an Estate

• The personal representative (executor or administrator) must be appointed by the court to manage the deceased's estate

• Your attorney will assist with this process and ensure the proper paperwork is filed

3. Filing the Claim

• Your attorney will file a wrongful death claim on behalf of the estate and the surviving family members

• The claim will outline the facts of the case, the alleged negligence or wrongdoing, and the damages sought

• The defendant(s) will be notified of the claim and have an opportunity to respond

4. Discovery and Pretrial Proceedings

• Both sides will exchange relevant documents and information through the discovery process

• Depositions of parties, witnesses, and experts may be taken

• Your attorney will build your case and assess the strength of the defendant's evidence

• Pretrial motions may be filed to resolve legal issues or exclude evidence

5. Mediation or Settlement Negotiations

• Many wrongful death cases are resolved through mediation or settlement negotiations before trial

• Your attorney will advocate for a fair settlement that compensates the surviving family members for their losses

• If a settlement is reached, your attorney will review the terms with you and ensure payment

6. Trial (if necessary)

• If a settlement cannot be reached, your case will proceed to trial before a judge and jury

• Your attorney will present evidence, cross-examine witnesses, and argue your case

• The jury will decide on liability and the amount of damages to be awarded

7. Distribution of Damages

• If you prevail in your wrongful death claim, the awarded damages will be distributed to the surviving spouse and next of kin according to Illinois law

• Your attorney will assist with this process and ensure that the funds are properly allocated

Your personal injury attorney will provide compassionate guidance, handle complex legal proceedings, and fight for the maximum compensation for your family's loss. While no amount of money can replace your loved one, a successful wrongful death claim can provide a sense of justice and financial security for the future.