Chicago Wrongful Death Lawyers

Wrongful Death Attorneys Serving Chicago, Oak Park, Rockford, & Other Areas in Illinois

The Chicago wrongful death lawyers at Coplan + Crane have a hard-earned reputation for excellence in helping families who have lost a loved one due to negligence. When a loved one dies because of someone else’s reckless behavior, the flood of emotions family members feel can be overwhelming – shock, grief, anger, resentment, and helplessness. It’s hard enough just getting by day to day. Trying to figure out how you will manage financially in the long term can be too much for many people.

We know how devastating it can be to lose a family member in an accident. You shouldn’t face your hardships alone. Our Chicago wrongful death lawyers are here to listen to your story, explain your options, and help you find the best way forward for your family.

If you’ve lost a spouse, child, or parent in an accident caused by someone else, your family has the right to seek compensation for both financial and emotional challenges that arise. Through a wrongful death lawsuit, Illinois families can pursue compensation for lost wages, end-of-life expenses, and more.

With offices in Chicago and Oak Park, our experienced Chicago wrongful death lawyers are committed to helping individuals and families dealing with the aftermath of the wrongful death of a loved one. We’re proud of our track record for obtaining large, often multi-million-dollar verdicts and settlements for our clients. 

Contact a wrongful death lawyer at Coplan + Crane online or at (312) 982-0588 for a FREE case evaluation. We serve clients from Chicago, Oak Park, Rockford, and other areas in Illinois.

What Is Considered Wrongful Death in Illinois?

In Illinois, wrongful death is legally defined as a death that results from the wrongful act, neglect, or default of another party. Wrongful death claims are typically brought by the surviving family members or the personal representative of the deceased person’s estate.

The Illinois Wrongful Death Act governs these claims and allows certain family members, such as spouses, children, and parents, to seek compensation for the losses they have suffered due to the death of their loved one. Damages can include financial losses, such as medical expenses and lost wages, as well as non-economic losses, such as loss of companionship and emotional distress.

Here are some common cases our wrongful death lawyers handle in Chicago:

• Car Accidents: If a loved one dies due to the negligence of another driver in a car accident, the surviving family members may file a wrongful death claim. This can include cases of reckless driving, impaired driving, or other forms of negligence on the road.
• Railroad Accidents: Wrongful death claims can arise from fatal accidents involving trains, whether due to derailments, collisions, or other incidents. Negligence on the part of the railroad company or its employees may be grounds for a wrongful death lawsuit.
• Workplace Accidents: Fatalities resulting from workplace accidents can lead to wrongful death claims. This includes incidents such as construction accidents, falls, equipment malfunctions, or other work-related incidents where negligence plays a role.
• Medical Malpractice: If the death of a person is caused by the negligence or malpractice of a healthcare professional, such as a doctor, nurse, or hospital staff, the surviving family members may pursue a wrongful death claim.
• Birth Injuries: In cases where a child sustains fatal injuries during childbirth due to medical negligence, a wrongful death claim may be pursued. This could include situations where healthcare providers fail to adhere to appropriate standards of care during delivery.

Illinois Wrongful Death Laws

Illinois law allows surviving family members to seek compensation after losing a loved one due to negligence. Two key statutes govern these claims:

The Illinois Wrongful Death Act

The Illinois Wrongful Death Act (740 ILCS 180) gives surviving family members the right to file a wrongful death claim and seek financial compensation for their losses. Damages in a wrongful death case are meant to support the next of kin, not the deceased person’s estate. Compensation may cover:

• Loss of financial support, including the deceased’s income
• Loss of companionship, emotional support, and guidance
• Loss of consortium for a surviving spouse

The Illinois Survival Act

Unlike the Wrongful Death Act, which benefits surviving family members, the Illinois Survival Act (755 ILCS 5/27-6) allows the deceased person’s estate to recover damages the deceased could have pursued if they had survived. This claim focuses on the harm suffered by the victim before their passing.

A personal representative, appointed by the probate court, files the claim on behalf of the estate. Compensation under the Survival Act may include:

• Medical expenses incurred before death
• Lost wages from the time of injury until death
• Pain and suffering experienced by the deceased

Both wrongful death and survival claims can be pursued together, ensuring that both the victim and their family receive the justice and compensation they deserve. If you’re unsure about which claim applies to your situation, the Chicago wrongful death lawyers at Coplan + Crane can guide you through the process.

What Is the Difference Between Wrongful Death and Survival Action?

In Illinois, both wrongful death and survival action claims allow families to seek justice after a loved one’s passing, but they serve different purposes.

• Wrongful death claims focus on compensating surviving family members for their losses, such as lost financial support, funeral expenses, and emotional suffering. These claims aim to provide financial relief for those left behind.
• Survival action claims address damages that the deceased person could have pursued had they survived. This includes medical expenses, lost wages before death, and pain and suffering endured before passing. The compensation from a survival action claim typically goes to the deceased’s estate rather than directly to surviving family members.
• Both claims can be pursued simultaneously, and our legal team can help determine which approach is most beneficial for your case.

Wrongful death claims can be complex and confusing. During your FREE case evaluation, our wrongful death lawyers can answer your questions, address your concerns, and give you guidance on how best to move forward.

Who Can File a Wrongful Death Claim in Illinois?

In Illinois, the right to file a wrongful death claim is granted to certain individuals who are considered “statutory beneficiaries” under the Illinois Wrongful Death Act. The following parties are generally eligible to file a wrongful death claim:

• Surviving Spouse: The surviving spouse of the deceased person is typically the first in line to file a wrongful death claim in Illinois.
• Next of Kin: If there is no surviving spouse, the next of kin, such as children or parents, may have the right to file a claim. The order of priority is usually children first, then parents.
• Personal Representative of the Estate: If there are no surviving spouses or next of kin, the personal representative of the deceased person’s estate may bring a wrongful death action.
• Dependent Next of Kin: If the deceased person left no surviving spouse, children, or parents, certain dependent relatives, such as siblings or other relatives who were dependent on the deceased, may have the right to file a wrongful death claim.

The right to file a wrongful death claim is exclusive to the statutory beneficiaries, and the court will generally look to these individuals in the order specified by the law. Additionally, if the deceased person had a will specifying a different personal representative, that representative would typically take precedence in filing the lawsuit.

Each case is unique, and the specific circumstances can vary. If you lost a loved one due to someone else’s wrongdoing, it is in your best interest to speak with the Chicago wrongful death lawyers at Coplan + Crane right away. We can provide you with accurate guidance based on the specific details of your situation.

Should You Hire an Attorney?

Losing a loved one unexpectedly is overwhelming, and pursuing a wrongful death claim while grieving can feel like an added burden. While you are not legally required to hire a wrongful death attorney, doing so can make a significant difference in the outcome of your case.

At Coplan + Crane, our Chicago wrongful death lawyers understand Illinois laws, know how to investigate claims thoroughly, and can handle negotiations with insurance companies and opposing legal teams. Insurance companies often attempt to minimize payouts, but an attorney will fight to ensure you receive the compensation your family deserves. Additionally, complex cases—such as those involving multiple liable parties, medical malpractice, or workplace negligence—can benefit from legal guidance to navigate the process effectively.

A wrongful death lawyer can assist in many ways, including:

• Investigating the case thoroughly: Gathering evidence, reviewing medical records, obtaining police reports, and consulting with experts to build a strong claim.
• Determining liability: Identifying all responsible parties and proving negligence or misconduct caused your loved one’s death.
• Calculating full damages: Assessing both economic (lost wages, medical bills, funeral costs) and non-economic (emotional suffering, loss of companionship) damages.
• Handling negotiations: Communicating with insurance companies and defense attorneys to seek a fair settlement without undervaluing your claim.
• Filing legal documents correctly: Ensuring all paperwork is completed accurately and filed within the statute of limitations to prevent delays or case dismissal.
• Representing you in court: If a fair settlement cannot be reached, taking your case to trial and advocating aggressively on your behalf.
• Providing guidance and support: Offering legal advice throughout the process and helping your family make informed decisions during a difficult time.

The wrongful death attorneys at Coplan + Crane provide compassionate legal support, allowing you to focus on healing while we handle the legal complexities of your case. If you are unsure whether you need a lawyers for wrongful death, we offer free case evaluations to discuss your options.

How Long Does a Wrongful Death Claim Take?

The duration of a wrongful death claim can vary significantly and is influenced by various factors. Some of the factors that can impact the timeline include:

• Complexity of the Case: Cases with complex legal or factual issues may take longer to resolve. For example, cases involving multiple liable parties, extensive investigations, or intricate legal questions might require more time.
• Investigation Period: The time it takes to investigate the circumstances surrounding the wrongful death can impact the overall duration of the claim. Gathering evidence, interviewing witnesses, and consulting experts may extend the investigative phase.
• Negotiations and Settlement Attempts: If the parties involved are able to reach a settlement agreement, the process may be quicker than if the case goes to trial. Negotiations can take time as both sides work to agree on fair compensation.
• Court Scheduling: If the case proceeds to litigation, court availability and scheduling can affect the timeline. Courts often have busy dockets, and obtaining a trial date may take time.
• Disputes and Appeals: Disputes between parties or the possibility of appeals can extend the duration of a wrongful death claim. If the case is appealed, it could add several months or even years to the process.
• State Laws and Regulations: Each state may have different rules and procedures governing wrongful death claims. The specific legal requirements and timelines in the jurisdiction where the claim is filed will influence the overall duration.

Given these variables, it’s challenging to provide a specific timeframe for a wrongful death claim. Some cases may be resolved in a matter of months through settlement, while others might take several years, particularly if the case goes through the full litigation process. It’s important to consult with a Chicago wrongful death attorney who can provide more tailored information based on the specific circumstances of your case.

Potential Compensation in a Wrongful Death Lawsuit

In an Illinois wrongful death lawsuit, survivors may seek compensation for “pecuniary loss,” a term defined by the Illinois Court System as encompassing losses such as money, benefits, goods, services, and society. When determining potential damages in a wrongful death claim, the court operates on the initial presumption that the survivor(s) “has incurred significant pecuniary loss due to the death.”

Put simply, in cases where a person’s death results from another party’s negligence, the court assumes that the survivors have experienced financial losses and may be eligible for damages. 

These damages aim to recompense the plaintiff—the survivor—for their losses.

In a wrongful death lawsuit, the potential compensation, often referred to as damages, aims to provide financial relief to the surviving family members for the losses they have suffered due to the wrongful death of their loved one. The types of compensation that may be sought in a wrongful death case can include:

Economic Damages

Economic damages in a wrongful death claim refer to the financial losses suffered by the survivors as a direct result of the death of their loved one. These damages are tangible and quantifiable losses that have a direct impact on the survivors’ finances. Depending on the unique details of your case, our wrongful death lawyers can help you pursue damages for:

• Medical Expenses: Reimbursement for the reasonable and necessary medical expenses incurred for the treatment of the deceased person’s final injury or illness.
• Funeral and Burial Expenses: Compensation for the costs associated with the deceased person’s funeral, burial, or cremation. This may include expenses such as the casket, cemetery plot, and memorial services.
• Lost Earnings: Compensation for the financial support the deceased person would have provided to the family had they survived. This can include lost wages, bonuses, and other forms of income.
• Lost Benefits: If the deceased person had employment-related benefits, such as health insurance or retirement contributions, the survivors may be entitled to compensation for the loss of these benefits.
• Household Services: If the deceased person contributed to the household by providing services such as childcare, housekeeping, or home maintenance, the survivors may be eligible for compensation for the value of these services.

Non-Economic Damages

Non-economic damages in a wrongful death claim refer to intangible losses that do not have a direct monetary value but are nonetheless significant and impactful on the survivors’ lives.

Non-economic damages are often more subjective and challenging to quantify than economic damages, as they involve emotional and personal elements. Calculating these damages generally requires the knowledge and skill of an experienced wrongful death lawyer.

Common examples of non-economic damages in a wrongful death claim include:

• Pain and Suffering: Compensation for the physical and emotional pain and suffering experienced by the deceased person before their death.
• Loss of Companionship: Damages awarded for the loss of the emotional support, guidance, and companionship that the deceased person provided to their family members.
• Loss of Consortium: Compensation for the negative impact on the surviving spouse’s relationship, including the loss of marital companionship, intimacy, and support.
• Mental Anguish: Damages to address the emotional distress, grief, and mental suffering endured by the survivors due to the wrongful death.
• Loss of Enjoyment of Life: Compensation for the diminished quality of life experienced by the survivors as a result of the death of their loved one.

Punitive Damages

Illinois recently made a significant change to its Wrongful Death Act through House Bill 219, signed into law by Governor J.B. Pritzker on August 11, 2023. This update expands the scope of punitive damages in wrongful death cases, allowing personal representatives of a deceased person, as well as the surviving spouse and next of kin, to seek punitive damages. Prior to this, punitive damages were typically only available when the plaintiff was alive.

The legislative shift was prompted by a 2009 Illinois Supreme Court ruling (Marston v. Walgreen Company) that limited the availability of punitive damages after the death of the original plaintiff. House Bill 219 addresses this limitation, granting surviving family members the right to pursue punitive damages without a set limit on the recoverable amount.

It’s important to note that there are exceptions to this expansion. Punitive damages are not applicable to legal malpractice actions, medical malpractice actions, and actions against state and local governments. The amendment applies to actions filed on or after August 11, 2023. This change signifies a notable improvement in the ability of surviving family members to seek punitive damages in wrongful death cases, addressing prior restrictions identified in court decisions. A wrongful death lawyer can explain what you can expect based on the details of your case. 

Factors That Affect Compensation for a Wrongful Death Claim

The amount of compensation in a wrongful death claim can vary based on several factors, including:

• The deceased person’s income and earning potential: Higher-income individuals may leave behind greater lost financial support, leading to higher compensation.
• The age and health of the deceased: Younger individuals with more years of earning potential may result in greater financial compensation for surviving family members.
• The circumstances of the death: Clear cases of negligence or misconduct, such as drunk driving accidents or medical malpractice, may lead to higher settlements or jury awards.
• The impact on surviving family members: Compensation can account for the loss of companionship, emotional distress, and the role the deceased played in supporting the household.
• Medical and funeral expenses: Any costs incurred due to the final injury or illness of the deceased can be included in the claim.
• Liability disputes: If there is any question about who was at fault, it may impact the amount of compensation awarded.

The Chicago wrongful death attorneys at Coplan + Crane thoroughly evaluate each case to ensure families receive full and fair compensation.

Wrongful Death Statute of Limitations in Illinois

In Illinois, the general statute of limitations for filing a wrongful death lawsuit is typically two years from the date of the person’s death. However, there are important considerations and exceptions that can extend this time limit. If you have lost a loved one due to negligence or intent, it is crucial to consult a Chicago wrongful death lawyer promptly to discuss your legal options.

Even if the statute of limitations has seemingly expired, there are specific exceptions outlined in the Illinois Wrongful Death Act that may allow surviving family members to file a lawsuit. 

Common situations where the statute of limitations might be extended include:

• Medical Malpractice: If medical malpractice led to the death of a loved one, the lawsuit must generally be filed within two years from the date of death. However, the time limits might be extended if the cause of death is not discovered until after the initial expiration.
• Defective Product: If a defective product caused a loved one’s death, an extension to the statute of limitations might be available if the cause of death is determined after the initial time limit has expired.
• Motor Vehicle Accidents: If the surviving family member was a minor when a motor vehicle accident occurred, this might be grounds for extending the statute of limitations.
• Workplace Negligence: If a loved one’s death was caused by workplace negligence, and this negligence is not discovered until after the expiration of the limitation, an extension might be possible.

Determining the statute of limitations for wrongful death claims can be complex. An experienced wrongful death attorney at Coplan + Crane can assess your case and explore legal options and case law under the Wrongful Death Act that might extend the time limit, ensuring that you have a clear understanding of your rights and potential courses of action.

Why Choose a Wrongful Death Lawyer at Coplan + Crane?

At Coplan + Crane, our Chicago wrongful death lawyers understand that no amount of compensation can replace your loved one, but holding the responsible party accountable can bring a sense of justice and financial stability for your family. Here’s why families across Illinois trust us with their wrongful death claims:

• Proven Results: We have secured millions of dollars in settlements and verdicts for our clients.
• Compassionate Representation: We treat every case with the sensitivity and respect it deserves.
• Experienced Litigators: We are prepared to take cases to court if necessary to ensure full and fair compensation.
• No Upfront Fees: We work on a contingency basis, meaning you pay nothing unless we win your case.
• Personalized Attention: We take the time to listen to your story and develop a legal strategy tailored to your needs.

If you’re considering legal action after the wrongful death of a loved one, let our wrongful death attorneys guide you through the process with care and expertise.

Talk to Our Chicago Wrongful Death Lawyers for FREE

There’s too much at stake for your family to try to handle all the negotiations and paperwork involved with a wrongful death case. You could try to deal with everything yourself or with a less-than-experienced attorney. But be aware that you will probably be negotiating with insurance companies and their lawyers. And in most cases, they’re focused on one thing: making sure your family gets as little money as possible.

That’s not right. That’s why we work so tirelessly for families dealing with a wrongful death lawsuit. It’s not about the money. It’s about justice, about holding people accountable for their actions. Someone did something to cause your loved one’s death, whether it was medical malpractice, a drunk driver or a workplace injury caused by a third party. They need to be held responsible.

Don’t leave your future to chance. Demand justice. Contact the Chicago wrongful death lawyers at Coplan + Crane today online or at (312) 982-0588 for a FREE case evaluation. We proudly welcome clients from across Illinois, including Chicago, Oak Park, and Rockford.

Frequently Asked Questions