Wrongful Death Lawyers
The Rockford Personal Injury Lawyers represent families of those that have unfortunately lost a family member or loved one to an incident stemming from the negligence of another. These have been work place injuries, trucking and auto accident cases, etc. Losing a loved one to an accidental death can cause severe family emotional pain and suffering, as well as extreme financial hardship. The emotional burden of the loss can make it very difficult to move forward and deal with the aftermath as well. You need trusted legal guidance from a knowledgeable Rockford Personal Injury Lawyers who understands the ordeal that you and your family are experiencing. Attorney Paul Marriett lost a family member to an auto-related accident that caused a fatality on an interstate highway when a vehicle became disabled and sent a heavy piece of semi-trailer equipment back into traffic, ultimately striking the driver of a passenger vehicle and causing an unexpected fatality.
Who May Bring a Wrongful Death Lawsuit in Illinois?
Illinois law specifies who can file a wrongful death lawsuit and when they are able to do so. The Illinois Wrongful Death Act (740 ILCS 180/1) states that living spouses and next of kin may recover compensation for the wrongful death of their loved one.
What Compensation Am I Entitled To For the Wrongful Death of a Family Member?
The Illinois Wrongful Death Act provides that jurors “may give such damages as they shall deem fair and just compensation with reference to the pecuniary injuries resulting from such a death, including damages for grief, sorrow, and mental suffering, to the spouse and next of kin of such deceased person” (740 ILCS 180/2). If proceeds are to be divided amongst multiple family members, the court will conduct a hearing to discover the degree to which each family member was dependent on the decedent if the surviving family members cannot agree to an exact percentage for each person.
Wrongful death cases are more complicated than normal personal injury case, and having a lawyer that you can trust is even more important. You need a lawyer that can connect with jurors to tell them about your loss and a lawyer that is comfortable asking the jury for a large award to make up for your loss. These cases are certainly an issue when the topic of tort reform is mentioned in popular culture. The possibility of a large award from a jury is not only possible, but frequently occurs in matters where the negligent action(s) of another cause the death of a victim. For more information, or for a detailed analysis of what can be recovered, please contact us at your convenience for a free, no obligation, and confidential consultation.
Illinois Time Limits on Filing Wrongful Death Lawsuits
In Illinois, a wrongful death lawsuit must be filed within the time limit set by the “statute of limitations” for the underlying type of case, or within one year of the date of the deceased person’s death, “whichever date is the later,” according to 735 ILCS 5/13-209. So depending on what the cause of action is, there may be a longer time period available to file a lawsuit. Cases like medical malpractice may result in a lengthier time for example since certain types of cases may not have the clock start running until the injury is ascertained. Additionally, cases involving minors may have a different one year timeline as well.
Wrongful Death Claims and Survival Claims: Two Different Cases
When someone dies because of another person’s negligence, Illinois law usually allows two separate claims. A wrongful death claim under the Illinois Wrongful Death Act (740 ILCS 180) compensates the surviving spouse and next of kin for their losses: lost financial support, lost companionship and guidance, and their grief and sorrow. A survival claim under the Illinois Survival Act (755 ILCS 5/27-6) belongs to the person who died and covers what they suffered before death, such as medical bills and conscious pain and suffering. Most fatal-injury cases should include both. Read more about the difference between wrongful death and survival claims.
Punitive Damages Are Now Available in Illinois Wrongful Death Cases
For decades, Illinois didn’t allow punitive damages in wrongful death cases. That changed in 2023. Amendments to the Wrongful Death Act and Survival Act now allow families to seek punitive damages in cases involving especially reckless or egregious conduct, such as a drunk driver or a trucking company that knowingly kept a dangerous driver on the road. There are important exceptions: punitive damages are not available in medical malpractice cases or in claims against the State or local government bodies and their employees. Punitive damages also can’t be requested in the first complaint; the court must allow them to be added later.
Opening an Estate: A Step Families Don’t Expect
An Illinois wrongful death case is brought by the personal representative of the person who died, not by family members individually. That usually means opening an estate in probate court and having someone appointed to represent it. When the only heirs are minor children, the court also supervises how any recovery is handled and protected. We handle these probate steps in Winnebago County and surrounding counties as part of the case, so families aren’t left to figure it out on their own.
How Fatal Crash Cases Are Built
Many of the wrongful death cases we handle come from car, motorcycle, and commercial truck crashes. Paul has served as counsel of record on cases like a $3,000,000 policy limits recovery for the family of a young man killed by a commercial trucking carrier. In a fatal crash, the evidence has to be secured fast:
- The vehicles themselves, including event data recorders and a truck’s electronic logging device.
- Driver logs, hours-of-service records, maintenance files, and hiring records in trucking cases.
- Video from nearby businesses and traffic cameras before it’s recorded over.
- The police reconstruction, photos, and witness statements.
- Toxicology and phone records when impairment or distraction is suspected.
When the case calls for it, we bring in reconstruction and drone teams right away. Learn what evidence is needed to prove wrongful death in Illinois.
How a Recovery Is Divided
Illinois law has its own rules for how wrongful death money is distributed among the surviving spouse and next of kin, and the court approves the distribution based on each person’s dependency on the person who died. Survival claim money goes to the estate. Read how wrongful death settlements are divided in Illinois.
Quick Answers for Families
How long do we have to file a wrongful death lawsuit in Illinois?
Generally two years from the date of death (740 ILCS 180/2). Claims against a local government body generally must be filed within one year (745 ILCS 10/8-101), and some claims, such as dram shop claims against a bar, have a one-year deadline too. More on wrongful death deadlines.
Who can file?
The personal representative of the estate files the case on behalf of the surviving spouse and next of kin. Read who can file a wrongful death claim in Illinois.
Is there a cap on wrongful death damages in Illinois?
Illinois does not cap wrongful death damages in most cases. Some specific claims, like dram shop claims against a bar, have statutory limits.
What does it cost to talk to you?
Nothing. Consultations are free, and we’ll come to you. Call (815) 964-8303, any time.
Past results do not guarantee a similar outcome in any future case. Reviewed by Attorney Paul M. Marriett, Rockford Injury Lawyers.
Have a Question About a Wrongful Death Case?
Call or text the Rockford Personal Injury Lawyers 24/7/365
At the offices of Rockford Personal Injury Lawyers, we understand that surviving members of a deceased family member will have questions about their legal rights following a crash or other accident that results in a family member dying. We are committed to helping injured drivers, passengers, pedestrians, and surviving family members understand these rights and how they may be able to obtain compensation to cover damages such as medical bills and lost wages, loss of consortium, and pain and suffering. Depending on the details of the crash, you may be able to seek compensation through insurance claims or a lawsuit against a negligent driver and his/her insurance provider.
For a free consultation to discuss your Rockford car accident case, call, or text message 24/7/365 the Rockford Personal Injury Lawyers at (815) 964-8303.