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Berwyn Wrongful Death Attorney
Losing a family member is one of the most painful experiences a person can go through. When that loss happens because of someone else’s careless or wrongful actions, the pain can feel even harder to bear. If you live in or near Berwyn, Illinois, and you’ve lost a loved one due to another party’s negligence, you have legal rights. At Briskman Briskman & Greenberg, we understand what your family is going through, and we are ready to help you pursue the justice and compensation you deserve.
Table of Contents
- What Is a Wrongful Death Claim Under Illinois Law?
- Common Causes of Wrongful Death in the Berwyn Area
- Who Can File and What Damages Are Available?
- The Illinois Wrongful Death Statute of Limitations: Do Not Wait
- How Briskman Briskman & Greenberg Can Help Berwyn Families
- FAQs About Berwyn Wrongful Death Claims
What Is a Wrongful Death Claim Under Illinois Law?
Illinois law gives surviving family members the right to file a civil lawsuit when a loved one dies due to another person’s or company’s wrongful actions. This right comes from the wrongful death lawyers‘ most commonly referenced statute, the Illinois Wrongful Death Act (740 ILCS 180). Under Section 1 of that Act, the party who would have been liable for injuries had the person survived remains liable even after death. That means if a negligent driver, a careless doctor, or a reckless property owner caused your loved one’s death, the law holds them accountable in civil court.
So what exactly qualifies as a wrongful death? It is a death caused by a wrongful act, neglect, or default. Think of a construction worker on a Chicago job site who dies because of faulty equipment, or a Berwyn resident killed by a distracted driver on Cermak Road near the Hawthorne Race Course. If that person could have filed a personal injury lawsuit had they survived, then their family can now file a wrongful death claim.
Under Section 2 of the Act, the lawsuit must be brought by the personal representative of the deceased’s estate. Any damages recovered go to the benefit of the surviving spouse and next of kin. The jury may award damages that are “fair and just” with reference to the financial losses caused by the death. That includes damages for grief, sorrow, and mental suffering. According to Illinois Department of Public Health data, there were 7,227 accidental injury deaths among Illinois residents in 2023, including 1,289 from motor vehicle traffic alone. These numbers show just how real and widespread this problem is across our communities.
If you have questions about whether your family’s situation qualifies, contact Briskman Briskman & Greenberg for a free consultation. We can review the facts and help you understand your options under Illinois law.
Common Causes of Wrongful Death in the Berwyn Area
Berwyn sits right along the edge of Chicago’s western suburbs, bordered by major corridors like Roosevelt Road, Harlem Avenue, and the Eisenhower Expressway (I-290). These busy roads see heavy traffic every day, and with that traffic comes real danger. Car and truck accidents are among the most frequent causes of wrongful death claims in this area. A single moment of distracted driving, speeding, or drunk driving on these roads can end a life.
But traffic accidents are not the only cause. Wrongful death claims in the Berwyn and broader Cook County area commonly arise from:
- Car, truck, and motorcycle accidents on I-290, Cermak Road, or Harlem Avenue
- Medical malpractice at local hospitals and clinics
- Workplace accidents at construction sites and industrial facilities
- Slip and fall accidents on poorly maintained properties
- Defective or dangerous products
- Nursing home neglect or abuse
Each of these situations involves a party who had a duty to act safely and failed to do so. When that failure costs someone their life, the family left behind should not have to absorb all the financial and emotional consequences alone. Our wrongful death attorney team at Briskman Briskman & Greenberg has handled cases involving all of these circumstances. We know how to investigate the cause of death, identify the responsible parties, and build a strong case on your family’s behalf.
Whether your loved one passed away near the Illinois Medical District just east of Berwyn, or in an accident on the Stevenson Expressway, our team is familiar with the local roads, courts, and circumstances that shape these cases. We are a Chicago personal injury lawyer firm that has been serving families throughout the Chicagoland area for decades.
Who Can File and What Damages Are Available?
One of the first questions families ask is: who has the right to file a wrongful death lawsuit? Under the Illinois Wrongful Death Act (740 ILCS 180/2), the action must be brought by the personal representative of the deceased person’s estate. That representative is often a surviving spouse, adult child, or parent, but it can also be someone appointed by the court. The damages recovered are then distributed to the surviving spouse and next of kin based on each person’s degree of dependency on the deceased.
The law allows for a wide range of damages. These include compensation for:
- Lost income and financial support the deceased would have provided
- Grief, sorrow, and mental suffering of the surviving family members
- Loss of companionship, guidance, and society
- Funeral and burial expenses
- Medical bills incurred before the death
- Punitive damages, where applicable under the law
It is worth noting that punitive damages are not available in cases involving healing art malpractice, legal malpractice, or actions against the state or a unit of local government. But in many other wrongful death cases, they are a real possibility when a defendant’s conduct was especially reckless or outrageous.
Illinois also follows a modified comparative fault rule. If the deceased was partly at fault, damages may be reduced in proportion to that fault. If a beneficiary was more than 50% at fault, they may be barred from recovering damages entirely. These rules make it important to have a skilled wrongful death attorneys team on your side from the very start. The attorneys at Briskman Briskman & Greenberg know how to counter fault arguments and protect your family’s right to full and fair compensation.
The Illinois Wrongful Death Statute of Limitations: Do Not Wait
Time is one of the most critical factors in any wrongful death case. Under the Illinois Wrongful Death Act (740 ILCS 180/2), you have two years from the date of death, not the date of injury, to file a wrongful death lawsuit. Missing that deadline can permanently end your family’s ability to seek compensation, no matter how strong the evidence is against the at-fault party.
There are some exceptions to this two-year rule. If a family member entitled to compensation is under 18 when the loved one dies, the statute of limitations is usually paused, and the clock starts once the minor turns 18, giving them two years from that date to file a claim. If you are filing against a state or local government agency, the law usually requires you to file a claim within one year of your loved one’s death, and you often must submit a formal written Notice of Claim well before the lawsuit deadline, sometimes within just a few months.
For example, if your loved one was killed in an accident involving a Cook County vehicle or a city-owned bus near the Berwyn Metra station or along the Blue Line corridor, you may have a much shorter window to act. In Illinois medical malpractice wrongful death cases, there is also a statute of repose that generally bars filing a claim more than four years from when the malpractice actually happened.
The bottom line is this: do not assume you have more time than you do. Contact a wrongful death lawyer at Briskman Briskman & Greenberg as soon as possible after your loved one’s death. We will identify the correct deadline for your specific case and take immediate steps to protect your rights. Every day that passes is a day that evidence can disappear and witnesses’ memories can fade.
How Briskman Briskman & Greenberg Can Help Berwyn Families
Wrongful death cases are among the most emotionally and legally demanding cases in personal injury law. Families in Berwyn dealing with this kind of loss are often simultaneously managing funeral arrangements, financial stress, and grief. The last thing you should have to worry about is figuring out how to take on an insurance company or corporate defendant on your own.
At Briskman Briskman & Greenberg, we handle wrongful death cases on a contingency fee basis. That means you pay nothing unless we recover compensation for your family. We advance all costs of investigation and litigation so you can focus on healing while we focus on building your case.
Our team investigates every aspect of your loved one’s death. We gather police reports, medical records, witness statements, and expert opinions. We work with accident reconstruction specialists, medical professionals, and financial experts to build the strongest possible case. Whether your case is filed in the Richard J. Daley Center in downtown Chicago or the George N. Leighton Criminal Court Building, we know Cook County courts and how to present your family’s case effectively.
We also handle the wrongful death attorney process from start to finish, including settlement negotiations and, when necessary, trial. Insurance companies often try to minimize payouts to grieving families. We push back hard against low offers and fight for the full compensation your family deserves under Illinois law. Berwyn families deserve an advocate who treats their case with the seriousness and care it demands. That is what Briskman Briskman & Greenberg delivers.
Call us today. We serve clients throughout Berwyn, Cicero, Oak Park, Riverside, and across the Chicago metropolitan area. Your first consultation is free, and we are here to listen.
FAQs About Berwyn Wrongful Death Claims
Who is legally allowed to file a wrongful death lawsuit in Illinois?
Under the Illinois Wrongful Death Act (740 ILCS 180/2), the lawsuit must be filed by the personal representative of the deceased person’s estate. This is often a surviving spouse, adult child, or parent. The court can also appoint someone to serve in this role. Any damages awarded go to the surviving spouse and next of kin, distributed based on each person’s level of financial dependency on the deceased.
How long do I have to file a wrongful death claim in Berwyn, Illinois?
In most cases, you have two years from the date of your loved one’s death to file a wrongful death lawsuit in Illinois. This deadline can be shorter if the claim involves a government entity, sometimes as little as one year, and you may need to file a formal Notice of Claim within just a few months. If a beneficiary is a minor, the clock may be paused until they turn 18. Do not wait to speak with an attorney about your specific deadline.
What types of damages can my family recover in a wrongful death case?
Your family may be able to recover compensation for lost income and financial support, grief, sorrow, and mental suffering, loss of companionship and guidance, funeral and burial expenses, and medical bills incurred before death. In certain cases involving especially reckless conduct, punitive damages may also be available. The jury determines what is a fair and just amount based on the specific facts of your case.
Does it matter if my loved one was partially at fault for the accident?
Illinois follows a modified comparative fault rule. If your loved one was partially at fault, the damages your family recovers may be reduced in proportion to that fault percentage. If a specific beneficiary’s own fault is found to be more than 50% of the cause of the wrongful death, that beneficiary may be barred from recovering damages. This is exactly why having an experienced attorney is so important. An attorney can work to minimize any fault attributed to your loved one and protect your family’s recovery.
What does it cost to hire Briskman Briskman & Greenberg for a wrongful death case?
Briskman Briskman & Greenberg handles wrongful death cases on a contingency fee basis. That means there are no upfront costs and no attorney fees unless we recover compensation for your family. We advance the costs of investigation, expert witnesses, and litigation so your family does not have to worry about out-of-pocket expenses during this difficult time. Your first consultation is completely free.
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