A loved one’s death is never an easy experience, but it can be especially devastating when their death was caused by someone else’s negligence. If you have found yourself in this situation in Berwyn, IL, the law firm The Kryder Law Group, LLC Accident and Injury Lawyers is here to help.
Our team of experienced wrongful death attorneys has been representing families who have lost loved ones due to the careless actions of others for decades.
We are a legal team dedicated to providing compassionate and skilled legal representation to our clients during this difficult time.
In this Article
What Is Wrongful Death?
The Wrongful Death Act 740 ILCS 180/ in Illinois defines wrongful death as one that occurs as a direct result of someone’s negligence, default, or wrongful act. Chicago wrongful death laws say when the victim, had they survived, would have been entitled to recover damages in court.
Wrongful death claims are filed by the representative of the victim’s estate on behalf of the surviving family members. These wrongful death lawsuits recover compensation from responsible parties for certain family members.
What Is NOT a Wrongful Death?
Not all deaths resulting from accidents or injuries constitute a wrongful death suit.
For instance, if a person dies in a car accident due to their own negligence, such as not following safety guidelines or engaging in risky behavior, the case might not be deemed as wrongful death.
Furthermore, natural deaths, deaths from diseases, or those due to age-related complications are unlikely to be considered wrongful deaths under the Illinois Wrongful Death Act.
Common Types of Accidents that Cause Wrongful Death in Berwyn
Motor Vehicle Accidents: High-speed collisions or reckless driving often result in fatal accidents, impacting both drivers and pedestrians.
Workplace Accidents: Unsafe working conditions, especially in industrial settings, can lead to fatal injuries.
Medical Malpractice: Negligence by healthcare professionals can result in lethal outcomes, including surgical errors or improper treatment.
Slip and Fall Accidents: Unmaintained premises can lead to serious falls, causing fatal injuries particularly among the elderly.
Product Liability Accidents: Faulty products, especially machinery, toys, or drugs can cause lethal accidents due to design flaws or manufacturing defects.
Who Can Be Held Accountable for a Wrongful Death?
In Illinois, any person or entity whose negligent acts or wrongful act caused the victim’s death can be held liable for wrongful death.
This responsibility includes, but is not limited to, individuals, companies, government entities, or healthcare professionals. For further clarity, refer to the Illinois Compiled Statutes, specifically 740 ILCS 180/2.
Types of Compensation for Wrongful Death Cases
Under the Illinois Wrongful Death Act, the victim’s family or estate may be entitled to various types of economic and non-economic compensation for the defendant’s negligence:
Medical Expenses: This refers to the cost of medical treatment the victim received due to the accident before their demise.
Funeral and Burial Expenses: The costs associated with laying the loved one to rest can be substantial and are often included in compensation.
Loss of Income: This includes the earnings the deceased would have provided had they lived.
Loss of Companionship: This represents the emotional pain and loss of companionship experienced by the family members.
Punitive Damages: These are awarded in cases of extreme negligence to penalize the wrongdoer and deter similar conduct.
In all cases, consult with experienced Chicago wrongful death lawyers, as each case is unique and the potential compensation varies accordingly.
Who Can File a Wrongful Death Lawsuit?
In Illinois, a wrongful death lawsuit can be initiated by the personal representative of the decedent’s estate, typically a close relative.
This includes the surviving spouse, adult children, or parents if the decedent was unmarried and childless. The representative is responsible for recovering damages on behalf of the surviving family members. In the event there’s no nominated representative, the court can appoint one.
Who Cannot File a Wrongful Death Case?
Not everyone is permitted to file an IL wrongful death claim.
Generally, distant relatives, uninvolved parties, or friends of the decedent are not eligible. Only the personal representative of the decedent’s estate—usually a close family member—has the right to file a claim. This is important to ensure that the claim is filed by an individual who was directly affected by the loss and can adequately represent the interests of the estate and surviving family members.
What Is My Wrongful Death Case Worth?
Determining the value of a personal injury lawsuit hinges on several factors.
IL wrongful death attorneys will often consider economic damages, like loss of financial support, medical bills, and funeral costs. They’ll also factor in non-economic damages, such personal injuries resulting in the loss of companionship and emotional pain.
In cases of extreme negligence, punitive damages may also be sought to penalize the responsible party.
The relationship between the deceased person and representative, the decedent’s age, income, and life expectancy, among others, also play a role. Each case is, however, unique, and the value determined is specific to the individual circumstances which is where the help of experienced IL wrongful death lawyers is critical.
How Long Do Families Have to File Wrongful Death Claims in Illinois?
In Illinois, a wrongful death claim must be filed within two years of the date of the person’s death. However, certain circumstances might extend or shorten this standard statute of limitations. Consulting with an experienced wrongful death attorney is crucial to understand these nuances.
Contact a Berwyn IL Wrongful Death Lawyer Today
At the Kryder Law Group, LLC Accident and Injury Lawyers, each Chicago wrongful death attorney is committed to fighting for justice on behalf of yourself and your loved ones.
Call for a Free Consultation
During a free consultation, we listen to the details of wrongful death cases, your unique situation, evaluate the merits of your case, explain the potential legal pathways available, and seek justice for you. Our attorneys are well-versed in handling complex cases, and we strive to alleviate your burden during this challenging time by providing comprehensive legal support and guidance.
Our Law Firm Operates on a Contingency Fee Basis
As wrongful death lawyers, we operate on a contingency fee basis—meaning that you don’t pay a dime unless we successfully secure fair compensation on your behalf. This ensures that our services are accessible to all, irrespective of their financial situation.
Our ultimate goal is to obtain the maximum compensation for your loss, holding the responsible or negligent party accountable for their actions while providing you the means to navigate this difficult period.
Get help from a Berwyn 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