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Bolingbrook Wrongful Death Attorney
Losing a loved one is one of the hardest things any family can face. When that loss happens because of someone else’s careless or reckless actions, the pain is even harder to process. You are left grieving while also dealing with medical bills, lost income, and a future that looks completely different than it did before. If your family has been through this in Bolingbrook or the surrounding Will County area, you may have the right to pursue a wrongful death claim under Illinois law. At Briskman Briskman & Greenberg, we understand what your family is going through, and we are here to help you take the right steps forward.
Table of Contents
- What Is a Wrongful Death Claim Under Illinois Law?
- Who Can Recover Damages and What Can You Claim?
- Common Causes of Wrongful Death in the Bolingbrook Area
- The Illinois Wrongful Death Statute of Limitations: Do Not Wait
- How Briskman Briskman & Greenberg Fights for Bolingbrook Families
- FAQs About Bolingbrook Wrongful Death Claims
What Is a Wrongful Death Claim Under Illinois Law?
Illinois has a specific law that governs wrongful death cases. The Illinois Wrongful Death Act (740 ILCS 180) applies in cases where the death of a person is caused by another’s “wrongful act, neglect, or default.” Think of it this way: if your loved one had survived the incident, they would have had the right to sue the responsible party for damages. Because they did not survive, the law allows their family to bring that claim on their behalf.
The law is clear about who can file. According to 740 ILCS 180/2(a), wrongful death cases must be filed by a personal representative of the deceased person and their estate. A personal representative might be named by the deceased person in their will. If nobody is designated as the personal representative, a court can appoint someone to fill that role and file the wrongful death case.
Many families in Bolingbrook are surprised to learn how broad this law actually is. There are a wide array of incidents that could fall under the Illinois Wrongful Death Act, including auto accidents caused by distracted or impaired driving, medical malpractice, personal injuries from workplace accidents, criminal behavior such as assault and battery, and deaths in nursing homes or other care facilities.
Bolingbrook sits right along Interstate 55 and Route 53, two busy corridors that see heavy commercial and passenger traffic every day. Fatal crashes on these roads, accidents near Bolingbrook’s popular shopping centers like Promenade Bolingbrook, and workplace incidents at local distribution facilities can all give rise to wrongful death claims. If you are not sure whether your situation qualifies, contact Briskman Briskman & Greenberg for a free consultation. Our team, serving the greater Chicago area as a trusted Chicago personal injury lawyer, can review the facts with you and give you an honest assessment.
Who Can Recover Damages and What Can You Claim?
Under the Illinois Wrongful Death Act, the law spells out exactly who benefits from a successful claim. According to Section 2 of the Illinois Wrongful Death Act, the surviving spouse and next of kin to the decedent have the right to pursue wrongful death claims. The law also defines “next of kin” broadly. It includes adopted parents and adopted children, treating them the same as natural parents and children.
So what can you actually recover? The damages available to families are meant to be fair and comprehensive. Under Illinois law, damages in a wrongful death case include both economic and non-economic losses. Surviving family members may seek funeral, burial, and medical expenses from the decedent’s final illness or injuries, loss of financial support including projected income and inheritance, loss of companionship and consortium, mental anguish and grief, and punitive damages where the defendant’s conduct was especially reckless or intentional.
One important point for Bolingbrook families to know: there is currently no cap on the amount of damages you can receive for a wrongful death lawsuit in Illinois. The jury is asked to award what they believe is fair and just. That is a significant protection for families who have suffered enormous losses.
The law also addresses how damages are divided among family members. Generally, the court awards damages based on your dependency or reliance on your family member. A surviving spouse who depends on their spouse’s income will likely be awarded a larger sum than another family member who is not financially dependent on the deceased. Immediate family members like children and spouses are more likely to receive larger percentages of the overall damages awarded. Our wrongful death lawyers can walk you through exactly how this works in your specific situation.
Common Causes of Wrongful Death in the Bolingbrook Area
Bolingbrook is a growing suburb in Will County with a population that has expanded significantly over recent decades. More residents, more traffic, and more commercial development mean more opportunities for serious accidents. Understanding the most common causes of wrongful death in this area can help families recognize when they may have a legal claim.
Car and truck accidents are among the most frequent causes. Interstate and arterial routes serving Bolingbrook carry significant commercial traffic, and the presence of large delivery and freight trips increases the risk of severe truck-involved collisions. Crashes on I-55, Route 53, or Weber Road can be devastating and deadly. When a truck driver or trucking company acts negligently, families have every right to pursue justice.
Medical malpractice is another serious cause. Medical malpractice occurs when doctors provide medical treatment that falls below standards of care. When a hospital or doctor’s negligence takes a life, the family deserves answers and accountability. Workplace accidents are also a significant concern. Many Bolingbrook residents work in warehouses, distribution centers, and construction sites. Fatal injuries at these locations can lead to wrongful death claims, especially when an employer failed to maintain a safe work environment.
Nursing home negligence is a growing concern in Will County as well. When a care facility fails to properly monitor or treat a resident, and that failure leads to death, the family has a right to hold the facility accountable. No matter what caused your loss, a skilled wrongful death attorney can investigate the facts and build a strong case for your family. Briskman Briskman & Greenberg has handled cases across the Chicago metro area, and we know how to pursue these claims effectively.
The Illinois Wrongful Death Statute of Limitations: Do Not Wait
Time matters enormously in a wrongful death case. The Illinois Wrongful Death Act (740 ILCS 180/2) governs the statute of limitations for wrongful death claims in Illinois. The law requires that all claims be filed within two years of the decedent’s passing, with the two-year period starting from the date of death, not the day of the incident that resulted in the death.
Two years may sound like a long time, but it goes by faster than you expect. Grief takes time. Families are often focused on funerals, financial pressures, and simply getting through each day. Meanwhile, evidence is fading. Witnesses forget details. Surveillance footage gets deleted. The sooner you speak with an attorney, the better your chances of building a strong case.
There is one important exception to know about. If the death was the result of a criminal act of violence, an action against the offender must be filed within one year after the final disposition of the criminal case or, if no criminal case proceeds, within five years of the death. There is also a special rule for minors. If a person entitled to recover benefits under the Act is under 18 years of age at the time the cause of action accrued, they may bring the action within two years after reaching the age of 18.
Missing the deadline means losing your right to file, period. Do not let that happen to your family. Whether your case involves a crash on I-55 near the Bolingbrook interchange, a workplace accident near a local industrial park, or medical negligence at a Will County hospital, the team at Briskman Briskman & Greenberg is ready to act quickly on your behalf. Reach out to a wrongful death attorney as soon as possible to protect your family’s rights.
How Briskman Briskman & Greenberg Fights for Bolingbrook Families
When you choose Briskman Briskman & Greenberg, you are choosing a firm that takes your case personally. We know that no amount of money can bring your loved one back. What we can do is fight to hold the responsible party accountable and recover the compensation your family needs to move forward.
Our approach starts with a thorough investigation. Wrongful death cases begin with thorough investigations, gathering police reports, witness statements, medical records, surveillance footage, and sometimes expert testimony on accidents or medical causation. We work with medical professionals, accident reconstruction specialists, and financial experts to build the strongest possible case for your family.
We also understand how insurance companies operate. Insurers often minimize claims by disputing liability, questioning medical treatment, or delaying settlement. An attorney ensures you are not pressured into an unfair resolution. At Briskman Briskman & Greenberg, we do not let insurance companies take advantage of grieving families. We know their tactics, and we push back hard.
Our firm serves families throughout the Chicago area and the surrounding suburbs, including Bolingbrook and Will County. We have also worked alongside experienced wrongful death lawyer resources in the northern suburbs, giving us a broad understanding of how these cases unfold across different Illinois counties. Whether your case is filed in the Will County Courthouse in Joliet or the Daley Center in downtown Chicago, we know how to handle it. Families in Lake County can also learn more about working with our wrongful death attorneys in that region.
You deserve a firm that listens, communicates clearly, and fights relentlessly for justice. That is exactly what Briskman Briskman & Greenberg does. Call us today to schedule your free consultation and take the first step toward justice for your family.
FAQs About Bolingbrook Wrongful Death Claims
Who has the legal right to file a wrongful death lawsuit in Illinois?
Under Illinois law, a wrongful death lawsuit must be filed by the personal representative of the deceased person’s estate. The lawsuit is brought for the benefit of the surviving spouse and next of kin. If no personal representative has been named, a court can appoint one. The surviving spouse, children, and parents are typically the primary beneficiaries of any recovery. If you are unsure about your role in the case, Briskman Briskman & Greenberg can help you sort through the process during a free consultation.
How long do I have to file a wrongful death claim in Bolingbrook, 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 180/2). There are limited exceptions, such as cases involving criminal acts of violence or claims involving minor beneficiaries. Missing this deadline can permanently bar your family from seeking compensation. Contact an attorney as soon as possible so your rights are protected from the very beginning.
What types of damages can my family recover in a wrongful death case?
Illinois law allows families to recover both economic and non-economic damages. This includes funeral and burial costs, medical bills from the final illness or injury, lost income and financial support the deceased would have provided, loss of companionship and society, and compensation for grief, sorrow, and mental suffering. In cases where the defendant’s conduct was especially reckless or intentional, punitive damages may also be available. Illinois does not cap wrongful death damages in most cases, which means juries can award what they believe is truly fair and just.
Can I file a wrongful death claim even if a criminal case is also happening?
Yes. A wrongful death lawsuit is a civil matter, completely separate from any criminal prosecution. A wrongful death claim can be filed regardless of whether the responsible party was charged with or convicted of a crime. The standard of proof in a civil case is lower than in a criminal case. This means a family can win a civil wrongful death case even if the defendant was found not guilty in criminal court. The two proceedings operate independently of each other.
What if my loved one was partially at fault for the accident that caused their death?
Illinois follows a modified comparative negligence rule. Under this rule, your family can still recover damages even if your loved one shared some responsibility for what happened, as long as their fault was not more than 50% of the cause. If they were partially at fault, any damages awarded will be reduced in proportion to their share of fault. This is a nuanced area of law, and having an experienced attorney on your side makes a real difference in how fault is argued and assessed. Briskman Briskman & Greenberg can help your family understand how this rule applies to your specific case.
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