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Tinley Park Wrongful Death Attorney
Losing a loved one is one of the hardest things a family can go through. When that loss happens because of someone else’s careless or wrongful actions, the pain can be even harder to bear. You may have questions about what happened, who is responsible, and whether your family has any legal options. If you live in Tinley Park or anywhere in the southwest suburbs of Chicago, including areas near Interstate 80, Harlem Avenue, or the Metra SouthWest Service line, the team at Briskman Briskman & Greenberg is ready to help. As a trusted Chicago personal injury lawyer team with decades of experience, we understand what families go through after a tragic loss, and we fight to get them the justice they deserve.
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?
- Illinois Wrongful Death Statute of Limitations and Comparative Fault Rules
- Common Causes of Wrongful Death in the Tinley Park Area
- FAQs About Tinley Park Wrongful Death Claims
What Is a Wrongful Death Claim Under Illinois Law?
Illinois law gives families the right to seek compensation when a loved one dies due to another person’s or company’s wrongful actions. This right comes from the Illinois Wrongful Death Act, found at 740 ILCS 180. Under Section 1 of that Act, whenever a death is caused by a wrongful act, neglect, or default, the party responsible can be held liable for damages, even though the injured person has died. In plain terms, if your loved one would have had the right to sue for their injuries had they survived, your family can bring a wrongful death claim on their behalf.
This law applies to many types of situations. Car accidents on I-80 near Tinley Park, truck crashes along U.S. Route 30, medical mistakes at a local hospital, slip and falls at a shopping center, and workplace accidents can all give rise to a wrongful death claim. The key question is whether someone else’s negligence or misconduct caused the death. If the answer is yes, your family may have a valid case.
It is important to know that a wrongful death claim is a civil case, separate from any criminal charges that might be filed. Even if the responsible party is never charged with a crime, your family can still pursue a civil wrongful death lawsuit. The burden of proof in a civil case is lower than in a criminal case, which means it may be easier to hold a negligent party accountable in civil court. Our wrongful death lawyers at Briskman Briskman & Greenberg can review your situation and explain your options clearly.
Who Can File a Wrongful Death Lawsuit in Illinois?
Under 740 ILCS 180, Section 2 of the Illinois Wrongful Death Act, every wrongful death action must be brought by the personal representative of the deceased person’s estate. The money recovered in that action is for the exclusive benefit of the surviving spouse and next of kin of the person who died. So while the lawsuit is filed by the personal representative, the compensation goes to the family members who suffered losses.
Who counts as “next of kin” under Illinois law? The Act specifically includes a surviving spouse, children, and parents. It also includes an adopting parent and an adopted child, treating them the same as natural parents and children. If you are a close family member of someone who died due to another party’s negligence in Tinley Park or the surrounding Cook County area, you likely have a stake in any wrongful death recovery.
One important rule to know: if a next-of-kin beneficiary is under 18 years old at the time the cause of action arises, they have until two years after their 18th birthday to bring the claim. This protects minors who might not be able to act on their own right away. For adults, the time limits are stricter, so acting quickly is always the better choice. If you are unsure whether you qualify to file or receive compensation, speaking with a wrongful death attorney at Briskman Briskman & Greenberg can give you clear answers fast.
What Damages Can Your Family Recover?
Illinois law allows families to seek both economic and non-economic damages in a wrongful death case. Under Section 2 of the Wrongful Death Act (740 ILCS 180/2), a jury may award damages it considers fair and just compensation for pecuniary injuries resulting from the death. This includes damages for grief, sorrow, and mental suffering to the surviving spouse and next of kin. In some cases, punitive damages may also be available, though they are not permitted in cases involving healing art malpractice, legal malpractice, or claims against the state or a unit of local government.
Economic damages are the more concrete losses your family has suffered. These can include medical bills the deceased person incurred before they died, funeral and burial costs, loss of the income they would have earned over their lifetime, and the loss of benefits they provided to the family. If your spouse or parent was a major financial provider, these losses can be enormous and life-changing.
Non-economic damages cover the emotional and personal losses that are harder to put a dollar figure on. Loss of companionship, loss of guidance and support, grief, and mental suffering are all recognized under Illinois law. Families who have lost a loved one near landmarks like the Tinley Park Convention Center or in neighborhoods along Oak Park Avenue know that no dollar amount replaces a person. But financial compensation can help ease the burden and allow your family to move forward. Contact Briskman Briskman & Greenberg to learn what your family’s claim may be worth.
Illinois Wrongful Death Statute of Limitations and Comparative Fault Rules
One of the most important things to understand about a wrongful death claim in Illinois is the deadline to file. Under the Illinois Wrongful Death Act, most wrongful death lawsuits must be filed within two years of the date of death. Miss that deadline, and your family’s right to sue is gone. There are limited exceptions, but you should never assume one applies to your case without talking to an attorney first.
If the death resulted from violent intentional conduct, the deadline extends to five years from the date of death. There is also a provision allowing one year from the final disposition of a criminal case when the defendant is charged with offenses like first-degree murder, second-degree murder, involuntary manslaughter, reckless homicide, or drug-induced homicide. For minors who are beneficiaries, the clock does not start running until they turn 18, giving them two more years from that point to file.
Illinois also follows a modified comparative fault rule under 735 ILCS 5/2-1116. This means that if the deceased person was partly at fault for what happened, their recovery can be reduced in proportion to their share of the fault. If their fault exceeds 50%, recovery is barred entirely. The same rule applies to beneficiaries under the Wrongful Death Act. If a beneficiary’s own contributory fault is found to be more than 50% of the cause of the death, that beneficiary cannot recover damages. These rules can be complicated, so working with an experienced wrongful death attorney is essential. Briskman Briskman & Greenberg knows how to build the strongest possible case for your family.
Common Causes of Wrongful Death in the Tinley Park Area
Tinley Park is a busy, growing suburb of Chicago with a population of more than 55,000 people. It sits at the crossroads of major transportation routes, including Interstate 80 and Harlem Avenue (Illinois Route 43). Heavy traffic on these roads, combined with commercial trucks, commuter rail crossings, and dense residential neighborhoods, creates real risks for drivers, pedestrians, and cyclists every day. Accidents on these roads can turn fatal in an instant.
Car and truck accidents are among the most common causes of wrongful death in the area. A distracted driver on I-80, a speeding semi-truck near the interchange at Harlem Avenue, or a drunk driver on a local street can all cause fatal crashes. Medical malpractice is another significant cause, whether it involves a surgical error, a missed diagnosis, or a medication mistake at a local healthcare facility. Nursing home negligence, workplace accidents, defective products, and premises liability cases, like a fatal fall at a business near the Odyssey Country Club area, can also give rise to wrongful death claims.
No matter where or how the death occurred, the legal question is the same: did someone else’s negligence or wrongful conduct cause it? If so, your family has rights under Illinois law. The wrongful death lawyer team at Briskman Briskman & Greenberg has handled cases across the Chicago area and the southwest suburbs, and we are ready to investigate your case thoroughly. Our wrongful death attorneys serve families throughout the greater Chicagoland region, from Tinley Park to Lake County and everywhere in between. Call us today for a free consultation.
FAQs About Tinley Park Wrongful Death Claims
How long do I have to file a wrongful death lawsuit in Illinois?
In most cases, you have two years from the date of your loved one’s death to file a wrongful death lawsuit under the Illinois Wrongful Death Act (740 ILCS 180). There are exceptions for cases involving violent intentional conduct, minors, and certain criminal proceedings, but these exceptions are narrow. If you are unsure about your deadline, contact Briskman Briskman & Greenberg right away. Missing the deadline means losing your right to file entirely.
Who receives the money from a wrongful death settlement or verdict?
Under Illinois law, the money recovered in a wrongful death case goes to the surviving spouse and next of kin of the deceased person. The lawsuit is filed by the personal representative of the estate, but the compensation is distributed to family members based on their dependency on the deceased and the damages they suffered. A court will determine how the award is divided among eligible beneficiaries.
Can I file a wrongful death claim if a criminal case is also pending?
Yes. A wrongful death lawsuit is a civil case, which is completely separate from any criminal proceedings. You do not need to wait for a criminal case to be resolved before filing a civil wrongful death claim. In fact, waiting too long could cause you to miss the civil statute of limitations. Both cases can proceed at the same time, and a civil case uses a lower standard of proof than a criminal case.
What if my loved one was partially at fault for the accident that caused their death?
Illinois follows a modified comparative fault rule under 735 ILCS 5/2-1116. If your loved one was partly at fault, their damages can be reduced in proportion to their share of the fault. As long as their fault does not exceed 50%, the family can still recover compensation. If it does exceed 50%, recovery is barred. An attorney can help you evaluate how fault may be allocated in your case and build the strongest argument on your family’s behalf.
Does Briskman Briskman & Greenberg handle wrongful death cases in Tinley Park?
Yes. Briskman Briskman & Greenberg represents families throughout the Chicago area and the southwest suburbs, including Tinley Park and the surrounding Cook County communities. The firm handles wrongful death cases involving car accidents, truck accidents, medical malpractice, nursing home negligence, workplace accidents, and more. Consultations are free, and the firm works on a contingency fee basis, meaning you pay no attorney fees unless your case is resolved in your favor.
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