A wrongful death is a tragic event that can occur as a result of someone else’s negligence or intentional actions. Losing a loved one due to wrongful death action or the careless or reckless behavior of another person can be emotionally devastating and overwhelming. In such difficult times, seek justice for your loved one and hold the responsible parties accountable by contacting an Aurora wrongful death lawyer at our law firm, The Kryder Law Group, LLC Accident and Injury Lawyers.
In this Article
What Is a Wrongful Death in Illinois?
In Illinois, a wrongful death is defined as a death that occurs due to the wrongful act, neglect, or default of another. The Illinois Wrongful Death Act (740 ILCS 180/) allows the deceased’s survivors to file wrongful death lawsuits against those responsible for the death. Had the deceased person lived, they would have been eligible to file a personal injury lawsuit.
What Does Not Qualify as a Wrongful Death?
Not every death qualifies for a wrongful death suit. The deceased’s survivors cannot file a wrongful death lawsuit if the person died due to natural causes, such as illness or old age. Additionally, deaths from an accident that was no one’s fault are also not considered wrongful deaths.
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 sue in Illinois, and under certain conditions, extended family might also seek wrongful death settlements.
Who Cannot File a Wrongful Death Claim?
Under Illinois law, individuals who are not related to the deceased person by blood, marriage, or adoption do not have the legal standing to file a wrongful death lawsuit. This includes in-laws, nieces, nephews, and other extended family members.
Types of Damages Available in a Wrongful Death Lawsuit
Survivors can claim economic and non-economic damages in a wrongful death lawsuit. Economic damages cover financial losses like medical bills, funeral expenses, and lost income. Non-economic damages address intangible losses like emotional distress, and loss of companionship or guidance.
How Must a Personal Injury Lawyer Prove Wrongful Death?
To prove a wrongful death case, an Aurora wrongful death attorney must establish the following:
The death of an individual occurred
The death was caused by the defendant’s negligence or intentional actions
Surviving family members have suffered monetary damages as a result of the death
Common Types of Accidents that Cause Wrongful Death in Aurora
Wrongful death cases commonly occur from:
Car accidents
Motorcycle accidents
Commercial vehicle accidents
Medical malpractice
Workplace accidents
Defective products or drugs
Who Can Be Held Accountable for a Wrongful Death?
Anyone responsible for your loved one’s death could be liable in a wrongful death lawsuit, including individuals, companies, or government entities. For instance, if a drunk driver caused a car accident that killed your family member, both the driver and the establishment serving them alcohol might be held accountable by wrongful death attorneys.
Who Cannot Be Held Liable for a Wrongful Death in Illinois?
There are cases where parties aren’t liable for a wrongful death. For example, if the deceased was partly at fault, compensation might be lessened according to their fault percentage. Also, criminal acts leading to death don’t always qualify.
Call The Kryder Law Group, LLC Accident and Injury Lawyers
Losing a loved one is never easy, and it can be even harder to deal with when their death was caused by someone else’s negligence or wrongdoing. At The Kryder Law Group, LLC Accident and Injury Lawyers, our Aurora wrongful death lawyers understand the emotional toll of losing a family member and are dedicated to helping you seek justice for your loved one.
Get help from an Aurora wrongful death lawyer when you've lost a loved one because of someone else's negligence.
$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