Our law firm helps families who have were the victims of accidents which has resulted in the loss of a family member. Illiois wrongful death law provides rights to families victimized by the negligence of others. Find out what your rights are and how to best protect them by contacting the Law Offices of Barry G. Doyle, P.C.
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Wrongful Death Lawsuits

When a family member is killed in any kind of accident there is a potential for a wrongful death case. The liability of the person responsible for the death is determined by the law for that type of case, such as for car accidents, truck accidents, slip and fall cases, FELA cases, construction accidents, medical malpractice cases, and any other type of case involving an unsafe product or other case which results in fatal injuries.

Components of a wrongful death case

There are two parts to a wrongful death case:

  • The survival action - for the conscious pain and suffering and other damages the deceased person suffered before his or her death.
  • The wrongful death case - this is brought by the surviving family members seeking compensation for their losses.

The Illinois Wrongful Death Act

This law provides that the next of kin are permitted to receive compensation for pecuniary injuries resulting from the death of their family member.

The term pecuniary injuries refers to:

  • The economic support that the next of kin would have received during the lifetime of the deceased.
  • The loss of society of the person who was killed. This means the loss of the family relationship.

The Illinois Wrongful Death Act was recently amended to allow the surviving families to recover compensation for their grief.

Who files the wrongful death lawsuit?

Only one person is permitted to control the wrongful death claim. If the deceased had a will, the executor of the estate would control the wrongful death suit. The executor has a legal obligation to protect all beneficiaries of the estate, and this means he or she has the duty to file a wrongful death suit if the facts warrant doing so.

If the deceased had no will, a family member must be appointed as special administrator of the estate. The special administrator, like the executor, has an obligation to protect the interests of all the beneficiaries of the estate.

Damages recoverable

The total amount of damages recoverable include:

  • Pain and suffering
  • Medical expenses
  • Lost wages sustained prior to death
  • Loss of economic support
  • Loss of society sustained by the next of kin
  • The grief experienced by the surviving next of kin

The total dollar figure will vary from case to case, but the standard jury instructions given in every wrongful death case state that the law presumes the amount of damages sustained is substantial.

Medical witnesses

Our experience in handling wrongful death cases allows us to identify key witnesses who can establish pain and suffering prior to death. These are often medical personnel whose names appear in medical records only as a scrawled notation or an initial. Witnesses who can testify as to the final moments before death are often powerful witnesses.

Showing the family's loss

Our experience also allows us to explore the full extent of the economic losses a family sustains as a result of the death of a parent, spouse, child, or sibling. At trial, we show the jury how important the lost family member was through photos, videos, and stories. These show the value of each of us to our families.

Statute of limitations

The statute of limitations in Illinois for wrongful death cases is determined by the statute of limitations for the underlying case.

Therefore, for most cases, it is two years, but only one year for cases involving municipalities and other local governmental units. Careful investigation is often required to ensure a full recovery, so when you suspect that there is a basis for a wrongful death lawsuit, you should act as quickly as possible.

The Law Offices of
Barry G. Doyle, P.C.
100 W Monroe St.,
Ste 2100
Chicago, IL 60603

Phone: 312.263.1080
Fax: 312.263.0153

Proudly Serving Many Illinois Cities and Counties, Including:
Chicago, Aurora, Rockford, Naperville, Joliet, Waukegan, Geneva, Sycamore, Woodstock, Kankakee, Morris, Ottawa; Cook, DuPage, Will, Lake, Winnebago, DeKalb, McHenry, Kankakee, Grundy, LaSalle, Peoria, McLean, Champaign, Tazewell Counties

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Blog for Wrongful Death Lawsuits

Library for Wrongful Death Lawsuits:

  • How to File a Wrongful Death Lawsuit (Part B)   
    Description: After the untimely death of a loved one, you may be wondering how to file a wrongful death lawsuit in Illinois. If a loved one has died in an accident that was caused by another’s neglect, a Chicago wrongful death attorney from the Law Offices of Barry G. Doyle, P.C. can help you file your wrongful death claim. Contact us today for a free case evaluation – 312-263-1080.
  • How to File a Wrongful Death Lawsuit (Part A)   
    Description: You may be wondering how to file a wrongful death lawsuit. If a loved one has died because of an accident caused by someone else’s negligence, a Chicago wrongful death attorney from the Law Offices of Barry G. Doyle, P.C. can help you file a wrongful death claim. Contact us today for a free case evaluation – 312-263-1080.
  • Funeral Planning and Costs (Part B)   
    Description: After a funeral, you must address the affairs of the deceased. If you have questions, an experienced Chicago personal injury lawyer at the Law Offices of Barry G. Doyle, P.C. can provide you with a free case evaluation – (312) 263-1080.
  • Funeral Planning and Costs (Part A)   
    Description: Here are some tips on planning a funeral, and the possible costs involved. If you have lost a loved one in an accident that was caused by someone else’s negligence, an experienced Chicago wrongful death lawyer at the Law Offices of Barry G. Doyle, P.C. can provide you with a free case evaluation – 312-263-1080.
  • Distinguishing Wrongful Death from Survival Action (Part B)   
    Description: The damages paid in an Illinois wrongful death lawsuit are distributed based on whether they benefit the survival action or wrongful death. The Chicago wrongful death attorney team at the Law Offices of Barry G. Doyle, P.C. will review your case and help you properly claim your damages. Call today for a free case evaluation – 312-263-1080
  • Distinguishing Wrongful Death from Survival Action (Part A)   
    Description: There are two parts to an Illinois wrongful death lawsuit and knowing the difference between the two is important to filing your claim. The Chicago wrongful death attorney team at the Law Offices of Barry G. Doyle, P.C. can help you through this difficult time. Contact us today for a free case evaluation – 312-263-1080.
  • Illinois Wrongful Death Settlement Distribution (Part B)   
    Description: If you have lost a family member due to an accident caused by neglect, you need a qualified Chicago wrongful death lawyer who can guide you through the legal process of recovering the compensation your family deserves. An experienced Chicago wrongful death lawyer at the Law Offices of Barry G. Doyle, P.C. can provide you with a free case evaluation. – (312) 263-1080
  • Illinois Wrongful Death Settlement Distribution (Part A)   
    Description: If you have lost a family member due to an accident caused by neglect, you need a qualified Chicago wrongful death lawyer who can guide you through the legal process of recovering the compensation your family deserves. An experienced Chicago wrongful death lawyer at the Law Offices of Barry G. Doyle, P.C. can provide you with a free case evaluation. – (312) 263-1080
  • Illinois Wrongful Death Claim Compensation (Part B)   
    Description: If you have lost a family member due to an accident caused by negligence, you need expert advice. An experienced Chicago wrongful death attorney at the Law Offices of Barry G. Doyle, P.C. can provide you with a free case evaluation. – (312) 263-1080
  • Types of Illinois Wrongful Death Claim Compensation (Part A)   
    Description: If you have lost a family member due to an accident caused by negligence, you need expert advice. An experienced Chicago wrongful death lawyer at the Law Offices of Barry G. Doyle, P.C. can provide you with a free case evaluation. – (312) 263-1080
  • Who can file an Illinois wrongful death lawsuit? (Part B)   
    Description: The administrator of the estate is responsible for filing an Illinois wrongful death lawsuit. If you are given this responsibility, let an experienced Chicago wrongful death attorney from the Law Offices of Barry G. Doyle, P.C. help you understand your duties and responsibilities. Call today for a free case evaluation – (312) 263-1080
  • Who can file an Illinois wrongful death lawsuit? (Part A)   
    Description: Not just any surviving family member can file an Illinois wrongful death lawsuit on behalf of a loved one. A Chicago wrongful death attorney at the Law Offices of Barry G. Doyle, P.C. will know who is eligible to file and can help with the process. Contact us today for a free case evaluation – (312) 263-1080
  • Car Accidents and Wrongful Death Claims (Part B)   
    Description: Losing a loved one in a fatal Illinois car accident can leave you emotionally and financially drained. Let an experienced Chicago wrongful death lawyer like those at the Law Offices of Barry G. Doyle, P.C. help ease the burden and assist you in filing a wrongful death claim. Call today for a free case evaluation – (312) 263-1080
  • Car Accidents and Wrongful Death Claims (Part A)   
    Description: Car accidents are one of the most common causes of wrongful deaths. The Chicago wrongful death lawyers at the Law Offices of Barry G. Doyle, P.C. understand the needs of your family and will help you seek compensation for your tragic loss. Contact us today for a free case evaluation – (312) 263-1080
  • Wrongful Death Lawsuits: An Overview (Part B)   
    Description: Losing a loved one in an unexpected accident will create difficult times for you and your family. Let an experienced Chicago wrongful death lawyer like those at the Law Offices of Barry G. Doyle, P.C. help ease the burden and assist you in filing your claim. Call today for a free case evaluation – (312) 263-1080
  • Wrongful Death Lawsuits: An Overview (Part A)   
    Description: The unexpected loss of a loved one is a tragic event that no one should have to experience. The Chicago wrongful death lawyers at the Law Offices of Barry G. Doyle, P.C. can help you determine liability for your loved one’s death and seek compensation for your loss. Contact us today for a free case evaluation – (312) 263-1080
  • What Services Does an Illinois Wrongful Death Lawyer Provide?   
    Description: Experienced Illinois wrongful death lawyers provide a variety of services to make sure that their clients achieve the maximum possible recovery in a wrongful death suit.
  • Who Gets to File an Illinois Wrongful Death Suit   
    Description: When there is an Illinois wrongful death suit, it must be filed by the executor or the administrator of the estate. This article offers an outline on the powers and responsibilities of the executor or administrator in an Illinois wrongful death suit.
  • Importance of Insurance Coverage in Illinois Wrongful Death Suits   
    Description: Illinois wrongful death suits have the potential to bring in substantial compensation the surviving next of kin. However, the importance of having available insurance coverage cannot be underestimated.
  • Who Is a Beneficiary That Can Collect Damages in an Illinois Wrongful Death Suit?   
    Description: In an Illinois wrongful death suit, exactly who can collect damages under the Wrongful Death Act is an important question for survivors of a wrongful death accident. The answer is that the next of kin can recover those damages, but who is the next of kin may be surprising.

    • View All

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The Law Offices of Barry G. Doyle, P.C.
100 W MONROE ST.
STE 2100
CHICAGO, IL 60603
Phone: 312.263.1080
Fax: 312.263.0153

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The Law Office of
Barry G. Doyle, P.C.

100 W Monroe Street
Suite 2100
Chicago, IL 60603

Phone: 312.263.1080
FAX: 312.263.0153

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Wrongful Death Lawsuits

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