Losing a family member due to someone else’s negligence is one of the most devastating experiences a family can face. Illinois law recognizes the profound impact of that loss and provides families with the legal right to pursue compensation — not just for the financial support they have lost, but for their grief, their loss of companionship, and the pain their loved one suffered. These cases require experienced legal guidance, and acting promptly is critical.
What causes a wrongful death case
A wrongful death claim can arise from any fatal accident in which another party’s negligence, recklessness, or wrongful conduct caused the death. The underlying liability is determined by the type of accident involved — the same legal standards that would apply if the person had survived and filed a personal injury claim. Common causes include car and truck accidents, slip and fall cases, construction accidents, medical malpractice, defective products, nursing home neglect, FELA railroad cases, and any other situation involving unsafe conditions or negligent conduct that results in death.
The two parts of an Illinois wrongful death case
The survival action
This portion of the case belongs to the deceased person’s estate and seeks compensation for the conscious pain and suffering, medical expenses, and lost wages the deceased experienced between the time of the injury and their death. The more time that passed and the more suffering documented, the more significant this component of the case becomes.
The wrongful death claim
This portion is brought by the surviving family members and seeks compensation for their own losses — the financial support they depended on, the loss of their family relationship, and under a recent amendment to the Illinois Wrongful Death Act, the grief they have experienced as a result of losing their loved one.
What damages can be recovered
Illinois law presumes that the damages sustained in a wrongful death case are substantial. The full range of recoverable compensation includes:
Recoverable damages in an Illinois wrongful death case
Pain and suffering
Compensation for the conscious pain and suffering experienced by the deceased prior to death, established through medical records and witness testimony.
Medical expenses
All medical costs incurred as a result of the fatal injury, from emergency care through end-of-life treatment.
Lost wages
Income the deceased would have earned from the time of injury through the time of death.
Loss of economic support
The financial contributions the deceased would have made to surviving family members over the course of their lifetime — wages, benefits, household contributions, and more.
Loss of society
The loss of the family relationship — companionship, guidance, love, and support that the deceased provided to those closest to them.
Grief
Under a recent amendment to the Illinois Wrongful Death Act, surviving next of kin may now recover compensation for the grief they have suffered as a result of their loss.
Who controls the wrongful death lawsuit
If the deceased had a will
The executor of the estate controls the wrongful death claim. The executor has a legal obligation to protect all beneficiaries of the estate, which includes the duty to pursue a wrongful death lawsuit when the facts warrant it.
If there was no will
A family member must be appointed as special administrator of the estate by the court. Like an executor, the special administrator has an obligation to protect the interests of all estate beneficiaries and to pursue available claims on their behalf.
How we build and present wrongful death cases
Our approach to investigation and trial preparation
Identifying the right witnesses
Medical records often identify key witnesses only as illegible notations or initials. Our strategy is to locate and prepare witnesses who can speak directly to the final moments before death — testimony that carries far more weight with a jury than clinical documentation alone.
Showing the jury who was lost
At trial, we present photos, videos, and personal accounts that show the jury who the deceased was — as a parent, spouse, child, or sibling — and what their absence truly means to the people left behind. This is how the full value of a life is conveyed to a jury.
Documenting the full economic loss
We work with financial and vocational experts to quantify the full lifetime economic contribution of the deceased — not just current wages, but benefits, household services, and long-term earning potential — so the jury understands the complete financial impact on the family.
Managing medical bill obligations
There are specific Illinois laws governing medical bill payment in personal injury and wrongful death settlements. We make sure these obligations are properly handled so that the family’s recovery is protected.
Free consultation — no fee unless we recover for you
If you have lost a family member due to someone else’s negligence, we will review your situation at no cost and explain your rights and options clearly. There is no obligation and no upfront fee of any kind.
