How Wrongful Death Claims Work in Illinois
The Illinois Wrongful Death Act allows a claim when a death is caused by another person's or company's wrongful act, neglect or default, and the person could have brought an injury claim had they survived. Common causes include car and truck crashes, unsafe property and other preventable accidents.
The claim is brought by the personal representative of the person's estate on behalf of the surviving spouse and next of kin. A related claim under the Illinois Survival Act can recover for what the person went through before death, such as medical bills and pain and suffering.
What a Family Can Recover
- Lost financial support the person would have provided
- Loss of companionship, guidance and care
- Grief, sorrow and mental suffering of the family
- Funeral and burial expenses
- Medical expenses and the person's own losses before death (through the Survival Act)
Phil knows these conversations are hard. He'll explain the process, handle the legal work and the insurance companies, and give your family space to grieve.
Common Questions
How long does a family have to file a wrongful death claim in Illinois?
Generally two years from the date of death. Shorter deadlines can apply if a local government is involved, and other rules can apply in special situations. Talk to a lawyer as soon as your family is ready.
Who can bring a wrongful death claim?
The claim is filed by the personal representative (executor or administrator) of the estate, on behalf of the surviving spouse and next of kin. If no representative has been appointed, the court can appoint one.
How much does it cost to hire Phil?
The consultation is free. Phil handles injury cases on a contingency fee, which means his fee is a percentage of what he recovers for you. If there is no recovery, you owe no attorney fee. Phil will explain the fee agreement in writing before you sign anything.