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Peoria Wrongful Death Attorney
Losing a loved one is one of the hardest things a family can go through. When that loss happens because someone else was careless or acted wrongfully, the pain can feel even more unbearable. You deserve answers, and you deserve someone fighting in your corner. At Briskman Briskman & Greenberg, we work with families across the Chicago area, including those connected to Peoria, who are dealing with the aftermath of a tragic and preventable death. If you think you have a wrongful death claim, we want to help you understand your rights under Illinois law.
Table of Contents
- What Is a Wrongful Death Claim Under Illinois Law?
- Who Can File a Wrongful Death Lawsuit in Illinois?
- What Damages Can Your Family Recover?
- How Long Do You Have to File a Wrongful Death Claim in Illinois?
- How Contributory Fault Affects Your Wrongful Death Case
- FAQs About Peoria Wrongful Death Attorney in Chicago, IL
What Is a Wrongful Death Claim Under Illinois Law?
Illinois law gives families a legal path to seek justice when a loved one dies because of someone else’s negligence or wrongful act. The Illinois Wrongful Death Act, found at 740 ILCS 180, sets out the rules for these claims. Under Section 1 of the Act, when a person’s death is caused by a wrongful act, neglect, or default, the party responsible can be held liable for damages, just as they would have been if the person had survived. This means that if your loved one could have filed a personal injury lawsuit, your family may now be able to file a wrongful death claim in their place.
Illinois defines wrongful death as a death caused by another party’s negligence, default, or wrongful act. This rule is set in 740 ILCS 180. It allows your family to bring a civil claim when the person who passed away could have filed a personal injury lawsuit if they survived. Common situations include car accidents on Interstate 55 near Joliet, medical malpractice at a Chicago-area hospital, workplace accidents, and defective products. Whether your family member was in Peoria or traveling through Chicago’s busy streets when the incident occurred, the same Illinois law applies.
It is also worth noting that a wrongful death claim is separate from any criminal case. The standard of proof in a civil wrongful death case is much lower than in a criminal trial. In civil court, your family only needs to show that the other party was more likely than not responsible, which is called a preponderance of the evidence. This means a wrongful death claim can succeed even if no criminal charges are ever filed. Talk to our team at Briskman Briskman & Greenberg to learn more about how the law applies to your specific situation.
As of August 11, 2023, the Illinois Wrongful Death Act was also amended to explicitly allow punitive damages in cases where they would have been available if the person had survived the injury. While compensatory damages are designed to make the family whole, punitive damages are intended to punish the wrongdoer and deter similar conduct in the future. Our wrongful death lawyers can review your case and explain whether punitive damages may apply in your situation.
Who Can File a Wrongful Death Lawsuit in Illinois?
You may be wondering who actually has the legal right to file a wrongful death claim. Illinois law is specific about this. Illinois requires that a wrongful death claim be filed by the personal representative of the deceased person’s estate. This requirement is set by 740 ILCS 180, and it determines who has the authority to bring the lawsuit. The personal representative may be named in a will or appointed by the court when no representative exists. This person is often a spouse, parent, or adult child. They file the claim on behalf of all eligible family members and manage the legal process from start to finish.
Even though only the personal representative files the case, the compensation goes to the surviving family members. The Illinois Wrongful Death Act says that wrongful death claims are for the “exclusive benefit of the surviving spouse and next of kin” of the decedent. This is an important distinction. The person filing the case and the people who benefit from it can be different individuals.
Who counts as “next of kin” matters a great deal. In Illinois, the term “next of kin” is commonly used to refer to the closest blood relatives or legally recognized family members who would inherit from the deceased if there was no will. For purposes of wrongful death claims, the next of kin are generally the surviving spouse, children, and sometimes parents or siblings, depending on the deceased’s familial circumstances. Illinois law also treats adopted parents and adopted children the same as natural parents and children for purposes of wrongful death recovery.
If your family is unsure who should serve as the personal representative, that is something a wrongful death attorney can help you sort out quickly. Getting this right from the start is critical to protecting your family’s claim.
What Damages Can Your Family Recover?
One of the most common questions families ask is what kind of compensation they can actually recover. Illinois law allows for both financial and emotional losses. Illinois calculates wrongful death damages based on pecuniary loss, which means the measurable financial and personal impact caused by the death. This standard is set by the Illinois Wrongful Death Act and directs courts to evaluate the losses experienced by the surviving spouse and next of kin.
Under Section 2(a) of the Illinois Wrongful Death Act (740 ILCS 180/2), a jury may award damages that are fair and just with reference to the pecuniary injuries resulting from the death. This includes damages for grief, sorrow, and mental suffering, as well as punitive damages when they apply. Think about what your family has lost. Lost income. Lost guidance. Lost companionship. The cost of a funeral and burial. These are all things Illinois law recognizes as real losses worth compensating.
Illinois is one of the few states where family members can seek compensation for their grief and suffering. Many states do not include compensation for pain and suffering damages for family members in wrongful death cases. That makes Illinois law especially protective of grieving families. Unlike some states, Illinois does not cap the amount of damages that can be awarded in wrongful death cases, with an exception for claims against the government.
Compensation is not split equally among family members. When wrongful death compensation is awarded, the court apportions the award to the surviving spouse and next of kin based on the percentage of dependency of each person on the decedent based on the total dependency of all people who stand to benefit. For example, a child who relied on a parent financially would likely receive a larger share than a sibling who was financially independent. Our wrongful death attorneys can walk you through how damages might be calculated in your case.
How Long Do You Have to File a Wrongful Death Claim in Illinois?
Time is one of the most critical factors in a wrongful death case. Missing the filing deadline can mean losing your right to compensation entirely. Illinois requires most wrongful death claims to be filed within two years of the date of death. This rule appears in 740 ILCS 180/2 and acts as a strict filing deadline. If the claim is not filed on time, the court will dismiss it. This two-year clock starts on the date of death, not the date of the incident that caused the death.
There are some exceptions worth knowing. If the decedent died as a result of “violent intentional conduct,” a wrongful death suit must be filed within five years of the date of the death. There are also special rules for minors. Under the Illinois Wrongful Death Act, if the person entitled to recover benefits is under 18 years old at the time the cause of action accrues, they may bring the action within two years after reaching the age of 18. Cases involving medical malpractice or government defendants may also follow different timelines.
The statute of limitations is not the only reason to act quickly. Evidence can disappear. Witnesses move away or forget what they saw. Surveillance footage gets deleted. Acting fast gives your legal team the best chance to build a strong case. Whether the incident happened near Wrigley Field, on the Dan Ryan Expressway, or in a hospital along the Magnificent Mile, the evidence needs to be preserved right away.
If your loved one was a minor at the time of death, or if there are questions about whether an exception applies to your case, contact a wrongful death attorney at Briskman Briskman & Greenberg today. Do not wait to find out whether you still have time to file.
How Contributory Fault Affects Your Wrongful Death Case
What happens if the other side argues that your loved one was partly responsible for what happened? This is a common defense strategy, and it is something your family needs to understand. Illinois follows what is called a modified comparative negligence rule. Under this rule, damages in a wrongful death case can be reduced if the deceased person was partially at fault.
Under 740 ILCS 180/2, the trier of fact first determines the decedent’s contributory fault. If the deceased was found to be partially at fault, the damages are reduced in proportion to that fault. For example, if a jury awards $500,000 in damages but finds that your loved one was 20% at fault, your family would receive $400,000 instead. Where the trier of fact finds that the contributory fault of a beneficiary on whose behalf the action is brought is more than 50% of the proximate cause of the wrongful death of the decedent, then the beneficiary shall be barred from recovering damages.
The contributory fault of individual beneficiaries is also considered separately. If a beneficiary is found to be 50% or less at fault, their damages are reduced proportionally. But if they are found to be more than 50% at fault, they are barred from recovering anything. The trial judge shall conduct a hearing to determine the degree of dependency of each beneficiary upon the decedent. The trial judge shall calculate the amount of damages to be awarded each beneficiary, taking into account any reduction arising from either the decedent’s or the beneficiary’s contributory fault.
Defense attorneys often try to shift blame onto the deceased to reduce or eliminate what they owe. Having a skilled wrongful death lawyer on your side helps counter those arguments with facts and evidence. At Briskman Briskman & Greenberg, we know how these tactics work and how to fight back. If you lost a loved one anywhere in the Chicago area or have ties to the Peoria region, reach out to our team. As a trusted Chicago personal injury lawyer firm, we are ready to stand with your family every step of the way.
FAQs About Peoria Wrongful Death Attorney in Chicago, IL
Can I file a wrongful death claim if my loved one died in Peoria but I live in Chicago?
Yes, you can. Illinois law governs wrongful death claims statewide under 740 ILCS 180. Where you live does not determine where the claim is filed. The claim is generally filed in the county where the death occurred or where the defendant is located. Briskman Briskman & Greenberg serves clients throughout Illinois, including those with connections to Peoria and the greater Chicago area. Contact us to discuss the best venue for your specific case.
What is the difference between a wrongful death claim and a survival action in Illinois?
A wrongful death claim compensates the surviving family members for their own losses, such as lost financial support, grief, and loss of companionship. A survival action, governed by the Illinois Survival Act (755 ILCS 5/27-6), compensates the deceased person’s estate for damages they personally suffered before death, such as pain and suffering or medical bills incurred before passing. Both claims are often filed together, and an attorney can help you pursue both where applicable.
Does Illinois put a cap on wrongful death damages?
In most wrongful death cases in Illinois, there is no cap on the damages a jury can award. This means a jury can award whatever amount it determines is fair and just based on the evidence. There are some exceptions, particularly for claims against government entities, where separate rules and limits may apply. Illinois also does not cap damages for grief, sorrow, and mental suffering, which makes it one of the more family-protective states in the country when it comes to wrongful death compensation.
What if my loved one was partially at fault for the accident that caused their death?
Illinois uses a modified comparative negligence system. If your loved one was partially at fault, the damages your family recovers will be reduced by their percentage of fault. For example, if they were found to be 30% at fault and the total damages are $1 million, your family would receive $700,000. However, if the deceased is found to be more than 50% at fault, the family may be barred from recovering damages. This is why it is so important to have a strong legal team building the most accurate picture of what actually happened.
How much does it cost to hire a wrongful death attorney at Briskman Briskman & Greenberg?
Briskman Briskman & Greenberg handles wrongful death cases on a contingency fee basis. This means you pay no upfront legal fees. The firm only receives a fee if your case results in a recovery. This arrangement allows families who are already dealing with financial stress after losing a loved one to access quality legal representation without worrying about out-of-pocket costs. Contact us directly to learn more about how our fee structure works and what to expect throughout the process.
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