If you have arrived here after the tragic loss of a loved one, please accept our heartfelt condolences during this painful time.
The questions and burdens that follow a wrongful death can feel daunting and isolating. On this page, you’ll find clear information about wrongful death cases in Illinois—your legal options, how our firm can help guide you, and what support and compensation may be available for your family.
There is no fee for our services unless we win. We welcome the opportunity to answer your questions and shoulder the legal needs of your case.
Understanding Wrongful Death in Illinois
A wrongful death occurs when a person’s life is taken because of another party’s negligence, misconduct, or intentional act. Illinois law allows family members to pursue compensation to help rebuild their lives and hold the responsible party accountable.
- These types of cases are governed by the Illinois Wrongful Death Act (740 ILCS 180).
- Claims may arise from car accidents, medical malpractice, nursing home neglect, hazardous premises, or criminal acts.
- The right to file usually belongs to the decedent’s spouse, children, parents, or other close relatives.
- Wrongful death actions are separate from personal injury or survival actions; we will pursue all available remedies.
- Damages aim to compensate family members for their loss, grief, and financial impacts
The Legal Process for Wrongful Death Cases
Pursuing a wrongful death case can be complex and emotionally challenging. We walk beside you every step of the way, clearly explaining every step and ensuring your family’s rights are protected.
Some of the common steps in the legal process include:
- Initial consultation: Review the circumstances of your loved one’s passing and analyze if a wrongful death claim applies.
- Identify eligible claimants: Confirm who in your family is legally entitled to bring the case.
- Investigate and collect evidence: Gather accident reports, medical records, witness accounts, and expert testimony.
- Draft and file complaint: Initiate a formal lawsuit outlining the wrongful act and damages sought.
- Discovery process: Exchange information, conduct depositions, and request vital documents.
- Negotiate settlement: Engage responsible parties and insurers, seeking a fair resolution.
- Proceed to trial: If settlement fails, argue the case in court for full and just compensation.
- Statute of limitations: Most Illinois claims must be filed within two years of the death.
How Clear Path Accident and Injury Law Supports Families
We know losing a loved one is the hardest experience a family can endure. Our role is to take on the legal and procedural burdens so your family can focus on healing.
- No fee unless we win: Our contingency model means you pay nothing unless we win.
- Compassionate guidance: Sensitive support through every stage of the process.
- Thorough investigation: We work with leading experts to establish liability and document all damages.
- Barrier from insurers: We handle all communication so you can avoid frustration and intrusive questions.
- Strong case preparation: We pursue every available legal remedy, including survival actions when appropriate.
- Fair allocation of damages: We ensure the court distributes compensation justly among surviving family members.
Types of Damages Recoverable in Wrongful Death Cases
Illinois law recognizes several categories of damages for families impacted by wrongful death:
- Lost financial support: Income, benefits, and services the deceased would have provided.
- Funeral and burial expenses: All reasonable costs related to laying a loved one to rest.
- Loss of companionship: Grief, emotional distress, and diminished quality of life.
- Loss of guidance and nurturing: Particularly for surviving children or dependents.
- Medical expenses before death: If the deceased received treatment before passing, those costs may be recovered.
- Punitive damages: In rare cases of gross negligence or intentional harm.
- Attorney’s fees and costs: Often awarded to cover the legal effort required.
Why Choose Clear Path Accident and Injury Law?
When navigating a wrongful death claim, you deserve a team that treats you with respect and stands up for your rights against aggressive insurers.
- Courtroom experience: Our firm emphasizes courtroom experience so that we are ready for anything. Even though many wrongful death cases settle before trial, our opponents know that we are never scared of the possibility of trial, and that gives us leverage during every negotiation.
- Strategic Decision Making: We know the tactics insurers use to minimize wrongful death claims and how to beat them.
- Responsive, compassionate support: You’re kept updated at every stage, with genuine care for your recovery.
Talk To an Experienced Illinois Wrongful Death Attorney
If a loved one passed away and you need answers, trust Clear Path Injury Law to handle your claim diligently and professionally. The sooner you contact our office, the sooner we can start to help.