Losing someone you love is one of the most devastating things you can experience, and this is made even worse when you’re facing a wrongful death. If you’re trying to pursue a wrongful death claim in Chicago, IL, we’re here to help. We’ll fill you in on who can file wrongful death in Illinois, what you can recover, the time frame you’ve got to act, and what sets an Illinois wrongful death case apart from other types of claims. Read on for this helpful guide from the Chicago wrongful death lawyers at Lerner and Rowe.
Illinois Wrongful Death Act 740 ILCS 180 Explained
Illinois’ Wrongful Death Act aims to give the families of people killed by someone else’s carelessness or wrongdoing a pathway forward in court. 740 ILCS 180 lets certain family members bring a civil lawsuit on behalf of the deceased person’s estate and for the surviving relatives. It’s not a criminal case; this is a separate civil case that’s all about seeking financial compensation for what the passing of a loved one has put you and your family through.
This statute applies to deaths that were caused by people acting wrongfully or out of negligence. That means everything from someone who ran a red light while texting on the Eisenhower Expressway to a property owner who failed to keep their place safe, a reckless trucker on I-90, or a doctor who didn’t follow the standards of care.
Who Can File a Wrongful Death Claim in Chicago, IL?
Under Illinois law, the person who can file a wrongful death claim in this state is limited to the personal representative of the deceased person’s estate. Usually that person is the executor named in the will they left behind or, if the person didn’t leave a will, then someone gets appointed by the court to take charge.
The personal representative is the one who files the lawsuit, but the money that gets recovered goes to the family member that’s next in line to get it. According to the law, next of kin includes:
- The surviving spouse
- The child(ren) of the person who passed (including grown kids)
- The parents
- Siblings or other relatives who were dependent on the person who died
If the deceased died without leaving a will and the court hasn’t appointed someone to handle their estate yet, they can usually make an appointment. That often ends up being a close family member, who then has the job of moving the wrongful death case forward.
Filing a Wrongful Death Lawsuit in Cook County
If your family member passed away here in Chicago or the wider Cook County area, there’s one more thing to keep in mind. Before you can get moving on a wrongful death lawsuit, you might have to open up a probate case in the Probate Division of the Cook County Circuit Court.
It’s not always as complicated as it sounds, but you will need to get the right paperwork filled out and have a personal representative officially put in charge. Our Illinois wrongful death attorney team has seen this all before, and we’ll connect you with the right probate counsel to make sure things go as smoothly as possible.
What Damages Can You Recover in a Wrongful Death Claim in Chicago, IL?
Illinois lets you recover a pretty wide range of damages, as long as you can prove they were actually caused by the wrongful death. And the good news is that there’s no cap on these damages, unlike some other states.
Economic damages might include:
- What the deceased would have earned over their lifetime, not just their salary but also any benefits or raises they would have gotten
- Medical bills associated with the death
- Funeral and burial costs
- Any grief counseling or mental health treatment that surviving family members are getting
Non-economic damages might include compensation for:
- The loss of your partner, parent, or child
- The stress you’re under trying to manage on your own
- The emotional toll of losing someone you loved
Every wrongful death settlement in Chicago is different, and every case is unique. What the deceased was earning, how old they were, how close you were to them – all these things can add up. An experienced lawyer will be able to give you a better idea of what you can expect, and help you figure out what’s realistic for your situation and your personal injury claim.
Illinois Wrongful Death Act vs. Survival Statute
Illinois gives you two separate tools to deal with a fatal accident – and what they do and how they’re used is crucial.
The Wrongful Death Act is meant to help out the surviving family members, for all sorts of losses – grief, loss of consortium, financial hardship, and more. It’s a claim filed on behalf of your next-of-kin.
The Survival Statute is about the deceased person themselves: the pain they suffered before they died, the medical bills they faced, money they should have earned. This is the claim the deceased would have brought had they lived.
In many cases, your family can file both claims at once. They’re two different ways to try to get justice, and you may need to file them both as part of the same overall case.
You’ve Got Two Years to Act – Don’t Wait
Illinois law sets a hard deadline of two years from the date of death for wrongful death claimants to file a lawsuit. Missing it nearly guarantees your case will be thrown out of court, no matter how strong it might be.
There are some exceptions to this rule–cases involving a minor, a government entity, or discovering the cause of death much too late–but relying on an exception is a big gamble. The best bet is to get in touch with a wrongful death attorney in Illinois as soon as possible after your loss.
Frequently Asked Questions About Illinois Wrongful Death Claims
Do I still have a wrongful death claim if there was no criminal charge?
Yes, you do. Civil wrongful death claims and criminal cases are entirely separate. Even if a person was never prosecuted or acquitted, they can still be held civilly liable for a wrongful death. The burden of proof is lower in a civil case and its focus is financial accountability, not punishment.
What if my loved one was partly to blame for the accident?
Illinois uses a version of the modified comparative fault rule. As long as your loved one wasn’t more than 50% responsible for the accident, the family can still recover damages – even though they’ll be reduced by the amount of their responsibility. For instance, if the court found your loved one was 20% at fault, any damages award will be reduced by 20%.
Just how long does a wrongful death settlement in Chicago take?
There’s no standard timeline. Some cases wrap up through negotiation in a few months, while others go all the way to court and take a couple of years or more. The complexity of the facts, how many parties are involved, and whether liability is in dispute–all of these can affect the pace of a case. What we do know is that rushing into a settlement before you fully understand the extent of your loved one’s losses often leaves you with a subpar outcome.
Do I really need to open a probate estate in order to file a wrongful death claim in Illinois?
In the majority of cases, yes you do. The Illinois Wrongful Death Act requires that the lawsuit be filed by the personal representative of the deceased’s estate. If no estate has been opened, then you usually have to get one set up through the Probate Division of the Cook County Circuit Court. Our team works with probate attorneys and can help guide you through that process.
What’s the difference between a wrongful death claim and a survival action in Illinois?
A wrongful death claim under the Illinois Compiled Statutes 740 ILCS 180 basically allows surviving family members to get some compensation for things like grief, loss of companionship, and the money they used to help support their loved one. On the other hand, a survival action under 755 ILCS 5/27-6 is aimed at preserving the claim that the person who died had for pains they suffered, medical expenses, and lost wages in the days leading up to their passing. It’s also worth noting that your attorneys can usually pursue both at the same time.
Get Real Help with a Wrongful Death Claim in Chicago, IL
You’re going through a really tough time, and you want to know for sure that the people helping you really know what they’re talking about, and genuinely want to help.
Our Chicago injury attorneys here at Lerner and Rowe have been working with families across Chicago and Cook County for years to sort out wrongful death claims and we know the law inside and out. Since we work on a contingency fee basis, that means we don’t get paid unless we get results for you.
Call us right now at (844) 977-1900, fill out our contact form, or use LiveChat now to get started.
The information on this blog is for general information purposes only. Nothing herein should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.