Losing a loved one is always a tragic event. But it is especially tragic when the loved one’s death was caused by someone else’s negligence, recklessness, or intent.
An experienced Chicago wrongful death lawyer who handles personal injury cases at The Kryder Law Group, LLC Accident and Injury Lawyers, can skillfully and compassionately handle your wrongful death case.
In this Article
What Is a Wrongful Death in Chicago, Illinois?
Wrongful death is defined under the Illinois Wrongful Death Act (740 ILCS 180/). Wrongful death occurs when an individual dies due to another’s negligent or intentional actions, allowing the victim’s family to pursue legal compensation for the wrongful act.
What Does Not Qualify as a Wrongful Death?
Not every death resulting from an accident or injury can be classified as wrongful death. Deaths stemming from unavoidable accidents, acts of God, or the deceased’s own negligence typically do not meet the criteria to file wrongful death claims in the state of Illinois.
How Do Chicago Wrongful Death Lawyers Prove Wrongful Death Lawsuits?
To prove a wrongful death action, wrongful death lawyers in a legal action must show:
Duty of care: The defendant owed reasonable care to the deceased person.
Breach: The defendant breached that duty of care through their actions or inactions.
Causation: The defendant’s breach of duty caused the death of the victim.
Damages: Surviving family members have suffered financial and emotional damages as a result of the loss.
If wrongful death victims had lived, they would have been able to bring a personal injury lawsuit against the negligent person for damages. In wrongful death cases, surviving family members are legally allowed to file on behalf of their loved one.
Common Causes of Chicago Wrongful Death Cases
Some common causes of Chicago, Illinois wrongful death cases include:
Vehicle Accidents: Fatalities often occur from careless driving, driving under the influence, or car malfunctions.
Workplace Incidents: Deaths in workplaces arise from lax safety or faulty machinery.
Medical Malpractice: Fatal outcomes can arise from surgical mishaps, incorrect diagnosis, or prescription errors.
Slip and Fall Accidents: Fatal accidents due to improper upkeep or insufficient safety on premises.
Defective Products: Consumer products with design or manufacturing flaws can lead to death.
Nursing Home Neglect: The untimely passing of elderly due to neglect or abuse in caregiving facilities.
Fires and Explosions: Deaths due to fires or explosions that could have been avoided.
Construction Site Accidents: Deaths at construction sites from falls, electrocutions, or equipment-related mishaps.
Who Can Be Held Accountable in an Illinois Wrongful Death Lawsuit?
In wrongful death cases in Chicago, responsibility may fall on different parties, such as individuals, corporations, or government entities, depending on the specific circumstances leading to the victim’s death.
For instance, in car accidents or other motor vehicle accidents, the at-fault driver can be held liable. In the case of workplace fatalities, the employer or contractor might be accountable. Medical malpractice cases could see healthcare professionals being responsible, while deaths due to defective products may result in liability for the manufacturers.
Who Cannot Be Held Liable for a Wrongful Death in Illinois?
Certain parties are protected from wrongful death claims under Chicago wrongful death laws, including government agencies performing discretionary functions and employers in situations covered by workers’ compensation insurance.
Types of Compensation for Wrongful Death Cases
In personal injury cases, a Chicago wrongful death attorney could pursue recovery for damages such as:
Medical bills for care needed by your loved one prior to their death
Funeral and burial costs
Mental anguish for the victim and their family
Loss of companionship for the surviving spouse
Determining fair compensation to recover damages for wrongful death actions is complex. However, our seasoned attorneys excel at securing fair settlements in these challenging cases.
How Much Is My Wrongful Death Case Worth?
Your wrongful death attorney will assess the value of your case taking into account:
The nature of the defendant’s negligence
Medical expenses incurred prior to their death
Funeral and burial costs
Lost wages if the deceased was a provider for their family
Pain and suffering
Who Can File a Wrongful Death Lawsuit?
Under Illinois law, wrongful death claims can be filed by the deceased’s “personal representative.” If a will designates an executor, that individual becomes the personal representative. Without a will, or if it’s invalid, the court appoints an administrator, typically a close relative such as a surviving spouse or offspring.
Immediate family members—spouse, children, parents, siblings—are entitled to file a wrongful death claim in Illinois, and under certain conditions, extended family might also seek damages.
Who Cannot File a Wrongful Death Claim?
In Illinois, those barred from filing wrongful death claims to recover compensation include distant relatives without court appointment, friends, and cohabitants not legally related to the deceased person.
Can Multiple Family Members File Separate Wrongful Death Claims?
No, under state law, wrongful death claims to recover financial compensation must be filed by the personal representative of the deceased’s estate for the benefit of the eligible surviving family members. Multiple wrongful deaths claims by different family members are not permitted.
How Long Does a Wrongful Death Lawsuit Typically Take in Chicago, IL?
The duration of a wrongful death lawsuit can vary widely depending on the complexity of the wrongful conduct case, the number of parties involved, the insurance companies involved, and the willingness of the parties to reach a settlement.
A wrongful death suit can take from several months to a few years.
How a Chicago Wrongful Death Lawyer Can Help
Losing a loved one is a traumatic experience, and no amount of money can compensate for your mental suffering. However, pursuing a wrongful death claim— a civil lawsuit— can provide the financial support you need during this difficult time and hold at-fault parties accountable for their actions.
Our dedicated team of skilled Chicago wrongful death attorneys at The Kryder Law Group, LLC Accident and Injury Lawyers work tirelessly to ensure that you receive the justice and closure you deserve.
Call Us for a Free Consultation
Our law firm offers a free consultation to discuss your personal injury lawsuit, answer any questions you may have, and guide you through the legal process.
Our legal services are provided on a contingency fee basis, meaning you pay only if we secure compensation for your loss in a personal injury claim.
If you have lost a loved one in an accident in Chicago, please contact us at The Kryder Law Group, LLC Accident and Injury Lawyers today.
$7.5 Million
Recovery for a construction worker injured when a support wall fell and struck him. (Highest award on record for a construction injury in DuPage County at the time).
$3.2 Million
Recovery for a construction worker injured when he fell in an uncovered foundation trench, ranking as the highest award on record for a construction injury in McHenry County at the time.
$3 Million
Recovery for the family of a man struck by a garbage truck that was making an illegal turn.
$2.2 Million
Recovery for a salesman injured in an automobile collision.
$2 Million
Recovery for a man struck by a speeding vehicle as he waited for the CTA bus.
$1.5 Million
Recovery for a truck driver that was struck by another car on the expressway while his vehicle was disabled.
$1.4 Million
Recovery for a computer programmer that slipped and fell in the washroom at work.
Recovery for a pedestrian struck by a vehicle in a parking lot. At the time, this was the second-highest recovery on record in DuPage County for a similar injury.
$800,000
Recovered for a disputed wrongful death claim against a trucking company. The company denied they were involved in the collision.
$660,000
Recovery for a truck driver that was injured while unloading his trailer.
$550,000
Recovery for a person who slipped and fell in a grocery store.
$550,000
Recovery for a woman who injured her neck in a motor vehicle collision.
$500,000
Recovery for a pedestrian that was struck by a vehicle while standing on the sidewalk.
$460,000
Recovery for a truck driver that tripped and fell in the parking lot while making a delivery.
$450,000
Recovery for a dental assistant who slipped and fell at work on an unnatural accumulation of ice.
$425,000
Recovery for a union worker struck by a speeding vehicle.
$425,000
Recovery for a passenger in a vehicle struck by an inexperienced driver.
$415,000
Recovered for a woman that required neck surgery after aggravating an existing neck injury in a truck accident.
$400,000
Recovery for a lab technician injured while transporting equipment.
$370,000
Recovery for a construction worker injured on faulty equipment at a construction site.
$315,000
Recovery for a motorist struck by a falling utility pole.
$310,000
Recovery for a person injured in a motor vehicle collision.
$300,000
Recovery for a bicyclist struck by a vehicle.
$250,000
Recovery for a young woman struck by another vehicle.
$250,000
Recovered for a woman who sustained a partial finger amputation and other injuries in a rollover car accident. (Policy Limits)
$250,000
Recovered for a man injured in a motor vehicle collision.
$250,000
Recovered for a 60-year-old woman involved in a car accident. (Policy Limits)
$250,000
Recovered for a man hit by a semi-truck while operating a go-cart.
$240,000
Recovery for the injured party struck by another vehicle.
$235,000
Recovery for a person injured in a motor vehicle collision.
$235,000
Recovery for an inventory clerk injured when shelving toppled onto her.
$219,000
Recovery for a restaurant patron that slipped and fell in the bathroom.
$200,000
Recovered for an airline employee struck on the runway at O’Hare International Airport.
$190,000
Recovery for a person injured in a motor vehicle collision.
$175,000
Recovered for a child injured by fireworks at a fourth of July celebration.
$170,000
Recovered for a person injured when she slipped and fell exiting a major retail store.
$150,000
Recovered for a woman who fractured her leg when she was struck by a vehicle.
Britt C.
Andrew Kryder went above and beyond to help me out with a case that I brought to him. He was prompt, attentive, and extremely thorough. It was a pleasure to work with him!
(312) 223-1700