Wrongful Death Cases in Illinois: An Overview

At Injured in Illinois, we understand the profound emotional and financial impact that the wrongful death of a loved one can have on a family. This page aims to provide a comprehensive overview of wrongful death cases in Illinois, from frequency and data to the legal steps you should consider if you find yourself facing such a tragic situation.

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Wrongful Death Frequency/Data in Illinois

    • Frequency: Wrongful death cases are unfortunately more common than we’d like to think. Every year, numerous families in Illinois are left grappling with the unexpected loss of a loved one due to the negligence or misconduct of another.
    • Leading Causes: Some of the leading causes of wrongful deaths in Illinois include:
      • Motor vehicle accidents
      • Medical malpractice
      • Workplace accidents
      • Defective products

Damages Available in Illinois for Wrongful Death Cases

In Illinois, the law recognizes the immense loss families face and provides for compensation in various forms:

  • Economic Damages: These cover tangible losses such as:
    • Medical expenses incurred before death
    • Funeral and burial costs
    • Loss of the deceased’s expected earnings
  • Non-Economic Damages: These address intangible losses like:
    • Pain and suffering of the deceased before they died
    • Loss of companionship, guidance, and emotional support
  • Punitive Damages: In some cases, where the defendant’s actions were particularly egregious, the court might award punitive damages to punish the wrongdoer and deter similar behavior in the future.

Wrongful Death Case Facts

  • Definition: A wrongful death claim arises when a person dies due to the legal fault of another person or entity.
  • Who Can File?: In Illinois, the personal representative of the deceased’s estate (often a close family member) can file a wrongful death lawsuit.
  • Burden of Proof: The plaintiff must prove that the defendant’s negligence or intentional actions directly resulted in the death.

What to Do If a Loved One Has Been Killed Due to Negligence

Losing a loved one is devastating, and while no amount of compensation can bring them back, seeking justice can provide some solace. Here’s what you should consider:

  1. Seek Legal Counsel: Contact a reputable firm like Injured in Illinois to guide you through the legal process.
  2. Document Everything: Gather all relevant documents, including medical records, accident reports, and witness statements.
  3. Avoid Giving Statements: Refrain from speaking to insurance adjusters or representatives of the at-fault party without your attorney present.
  4. Stay Informed: Understand your rights and the legal process. Our team at Injured in Illinois is here to answer any questions you might have.

Illinois Statute of Limitations for Wrongful Death Cases

In Illinois, time is of the essence when pursuing a wrongful death claim:

  • General Rule: The lawsuit must be filed within two years of the date of death.
  • Exceptions: There are certain exceptions, such as when the cause of death is discovered later. It’s crucial to consult with an attorney to understand the specifics of your case.

At Injured in Illinois, we’re dedicated to helping families navigate the complexities of wrongful death cases. Our experienced team is here to provide the support, guidance, and legal expertise you need during these challenging times. If you or someone you know is dealing with the aftermath of a wrongful death, don’t hesitate to contact us for assistance.


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