Aurora, IL Fatal Car Accident Lawyer

Losing someone you love in a car accident is one of the hardest things a family can face. The grief is overwhelming. The questions are endless. And the last thing you want to think about is a legal claim. But here is the truth: if someone else’s carelessness caused your loved one’s death, Illinois law gives your family the right to hold that person accountable. At Briskman Briskman & Greenberg, we understand what your family is going through, and we are here to help you take action when you are ready.

Table of Contents

• Fatal Car Accidents in Aurora, IL: What Families Need to Know
• Illinois Law and Your Family’s Right to File a Wrongful Death Claim
• Who Can Be Held Responsible After a Fatal Crash in Aurora?
• The Statute of Limitations: Do Not Wait Too Long
• What Damages Can Your Family Recover?
• How Briskman Briskman & Greenberg Can Help Your Family
• FAQs About Aurora, IL Fatal Car Accident Claims

Fatal Car Accidents in Aurora, IL: What Families Need to Know

Aurora is the second-largest city in Illinois, sitting about 40 miles west of downtown Chicago. It is a busy, growing community with major roads cutting through it, including I-88, Route 31, Route 59, and Ogden Avenue. These corridors carry heavy traffic every day, and with that volume comes real danger. Fatal crashes happen in Aurora more often than most residents realize.

Aurora has a mix of major highways, busy urban intersections, and suburban roads, all contributing to the number of fatal crashes each year. Dangerous intersections like Route 31 and Indian Trail are well-known trouble spots for drivers. Commuters heading toward the Chicago metro area deal with congestion and speed every single day. When drivers are reckless, distracted, or impaired, the consequences can be deadly.

Illinois experienced nearly 300,000 crashes in one recent year, and about 30 percent of these crashes involved injuries, while under 1 percent involved fatalities. That may sound like a small percentage, but each one of those fatalities is a family shattered. Speeding on corridors like I-88 and Route 59, distracted driving, and drunk driving are among the most common causes of deadly crashes in the Aurora area. If your family has lost someone on these roads, you deserve answers and real legal support.

Crash reports from fatal accidents can be obtained through the Aurora Police Department’s Records Division at 1200 East Indian Trail Road. Securing that report early is one of the most important steps you can take after a fatal crash. A Chicago car accident attorney at Briskman Briskman & Greenberg can help you gather and preserve the evidence your family needs.

Illinois Law and Your Family’s Right to File a Wrongful Death Claim

Illinois has a specific law that protects families who lose a loved one due to someone else’s negligence. It is called 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 person or company responsible can be held liable for damages, even though the injured person has died. In plain terms, the law says that the fact of death does not let a negligent driver off the hook.

Under Section 2 of the Act, the lawsuit must be brought by the personal representative of the deceased person’s estate. Under the Illinois Wrongful Death Act, a wrongful death lawsuit must be filed by the personal representative of the deceased’s estate. This is typically the surviving spouse, adult children of the deceased, parents of a deceased minor child, or a court-appointed representative if no immediate family members exist.

The damages recovered go to the surviving spouse and next of kin. The law allows a jury to award compensation that is fair and just, including damages for financial losses and emotional harm. Illinois stands out from many other states by expressly allowing surviving family members to seek compensation for their emotional pain. The surviving spouse and next of kin may recover for the grief, sorrow, and mental suffering they experience due to the untimely death. This includes the anguish of losing a spouse, parent, child, or sibling.

A significant update to Illinois law came through P.A. 103-514, effective August 11, 2023. House Bill 219, signed by Governor J.B. Pritzker on August 11, 2023, allows for the recovery of punitive damages by a surviving spouse and next of kin in wrongful death and survival claims. This means that in cases involving especially reckless behavior, like a severely drunk driver or someone street racing near Aurora’s Fox Valley Mall area, your family may be able to pursue punitive damages on top of compensatory ones. Talk to a Chicago fatal car accident lawyer at Briskman Briskman & Greenberg to understand what your family may be entitled to recover.

Who Can Be Held Responsible After a Fatal Crash in Aurora?

One of the most common questions families ask is: who is actually responsible for this? The answer is not always just the driver. Illinois law allows multiple parties to be held accountable, and understanding that is critical to getting your family full compensation.

Illinois follows joint and several liability rules under 735 ILCS 5/2-1117. Under this law, all defendants found liable are jointly and severally liable for the plaintiff’s past and future medical and medically related expenses. Any defendant whose share of fault is 25% or greater is jointly and severally liable for all other damages as well. What this means for your family is that even if fault is spread across multiple parties, you may still be able to recover the full amount of your losses.

So who might be responsible in a fatal Aurora crash? Consider these possibilities. A distracted driver who ran a red light near the RiverEdge Park area. A trucking company that failed to maintain its vehicles properly. A bar or restaurant that over-served a visibly intoxicated customer before they got behind the wheel. A government entity that failed to fix a known road hazard. Even an employer whose employee was driving on the job at the time of the crash.

Illinois also requires all drivers to carry liability insurance under 625 ILCS 5/7-601. If the at-fault driver was uninsured or underinsured, your family may have additional options through your own policy. Our team can review every potential source of recovery for you. You can also learn more about car accident responsibility on our website.

The Statute of Limitations: Do Not Wait Too Long

Time matters more than most families realize after a fatal crash. Illinois law sets a strict deadline for filing a wrongful death lawsuit, and missing that deadline can cost your family the right to recover anything at all.

Under 735 ILCS 5/13-202, personal injury actions in Illinois must generally be filed within two years of the date the cause of action accrued. For wrongful death cases, Illinois law requires wrongful death lawsuits to be filed within two years from the date of death. That may seem like plenty of time, but it goes faster than you think. Families are grieving. Funeral arrangements are being made. Medical bills are piling up. Before you know it, months have passed.

There are some exceptions worth knowing. Exceptions exist for medical malpractice cases, where the deadline may be extended if negligence is discovered later. If the death resulted from a violent crime, the civil case deadline may differ. If a child is an eligible claimant, the statute of limitations may be extended until the child turns 18. But relying on an exception is risky. Failing to file within the required time frame can result in losing the right to seek compensation.

Beyond the filing deadline, there are other reasons to act quickly. Evidence disappears. Witnesses move or forget details. Surveillance footage gets deleted. Skid marks fade. The sooner your family connects with a legal team, the stronger your case can be. Briskman Briskman & Greenberg serves families across the Chicago metro area, including those dealing with crashes near the Metra BNSF line, along Route 30, and throughout the Fox Valley region. If your loss happened near Aurora or anywhere in the broader area, reach out to a Wheeling fatal car accident lawyer or our team serving all of northeastern Illinois.

What Damages Can Your Family Recover?

Families often wonder whether a lawsuit is worth it. The financial side of a wrongful death claim can feel uncomfortable to think about. But the reality is that a fatal crash creates real, lasting financial harm for surviving family members, on top of the emotional devastation. Illinois law recognizes both.

Illinois does not impose caps on compensatory damages for wrongful death cases. Unlike some states that place limits on recoverable damages, Illinois law allows families to pursue full compensation for both economic and non-economic damages. This means there is no upper limit on the amount a family may receive for financial losses, emotional distress, or loss of companionship.

Economic damages can include lost wages the deceased would have earned over their lifetime. They can also include medical bills from the time of injury to death, funeral and burial costs, and the loss of other financial contributions your loved one would have made to the family. These damages may also cover loss of other financial resources that your loved one would have contributed to the family, such as insurance coverage, pension and retirement funds, and family business interests, as well as loss of inheritance.

Non-economic damages cover the emotional and relational losses your family suffers. These include grief, sorrow, mental suffering, loss of companionship, and loss of guidance. If a parent was killed, surviving children can seek damages for the loss of parental instruction and moral training. A surviving spouse can seek damages for loss of consortium.

Illinois also allows the estate to pursue a survival action under 755 ILCS 5/27-6. The Illinois Survival Act allows the decedent’s estate to recover damages for harm suffered by the deceased person before they died. This includes medical expenses, lost wages from the time of injury to death, and conscious pain and suffering. Both claims, the wrongful death claim and the survival action, can often be pursued together. Our team at Briskman Briskman & Greenberg can evaluate both avenues for your family. We also work with families in other parts of the region, including those who need a Joliet fatal accident lawyer.

How Briskman Briskman & Greenberg Can Help Your Family

When you are dealing with the loss of a loved one, the legal process can feel impossible to face alone. At Briskman Briskman & Greenberg, we work with families who have lost someone in a fatal car crash, and we take that responsibility seriously. Our team knows Illinois personal injury law, and we know how to build a case that fights for your family’s full recovery.

We handle the investigation so you do not have to. That means gathering police reports, interviewing witnesses, working with accident reconstruction experts, and reviewing medical records. We communicate with insurance companies on your behalf so you are not pressured into accepting a lowball settlement. Insurance companies generally try to get away with paying out as little as possible for non-economic damages, and any initial settlement offer is likely to be for less than what your case is really worth. We push back on that.

We serve clients throughout Chicago and the surrounding communities. Whether the crash happened on I-88 near Aurora, on Route 59 near Naperville, or anywhere else in the region, our team is ready to help. As a Chicago personal injury lawyer firm with deep roots in Illinois law, Briskman Briskman & Greenberg is committed to getting your family the justice it deserves. Call us today for a free consultation. You pay nothing unless we recover for you.

FAQs About Aurora, IL Fatal Car Accident Claims

Who can file a wrongful death lawsuit in Illinois after a fatal car accident?

Under the Illinois Wrongful Death Act (740 ILCS 180), the lawsuit must be filed by the personal representative of the deceased person’s estate. This is typically the surviving spouse, an adult child, or a parent if the deceased was a minor. Even though one person files the claim, the damages recovered go to the surviving spouse and next of kin. If your family is unsure who should file, an attorney can help you sort that out quickly.

How long does my family have to file a wrongful death claim in Illinois?

In most cases, Illinois law gives you two years from the date of death to file a wrongful death lawsuit. This deadline comes from both the Wrongful Death Act and the general personal injury statute of limitations under 735 ILCS 5/13-202. Some exceptions exist, such as when the claimant is a minor. But waiting is risky. Evidence fades, witnesses become harder to locate, and the clock keeps running. Contact Briskman Briskman & Greenberg as soon as possible to protect your family’s rights.

What if the driver who caused the fatal crash had no insurance?

Illinois law requires all drivers to carry liability insurance under 625 ILCS 5/7-601. If the at-fault driver violated that law and had no coverage, your family may still have options. Your own uninsured motorist coverage may apply. Other parties, such as a trucking company, an employer, or a vehicle manufacturer, may also share responsibility. An attorney can review every possible source of compensation so your family does not walk away empty-handed.

Can my family recover damages for emotional pain and grief after a fatal crash?

Yes. Illinois is one of the few states that expressly allows surviving family members to seek compensation for grief, sorrow, and mental suffering under the Wrongful Death Act. You can also recover for loss of companionship, loss of consortium if you were the deceased’s spouse, and loss of parental guidance if your children lost a parent. These are real losses, and Illinois law treats them that way. There is no cap on compensatory damages in wrongful death cases in Illinois.

Can punitive damages be recovered in a fatal car accident case in Illinois?

Yes, in some cases. As of August 11, 2023, Illinois amended the Wrongful Death Act under P.A. 103-514 to allow punitive damages in wrongful death and survival claims. This applies to cases filed on or after that date. Punitive damages are meant to punish especially reckless or outrageous conduct, such as a driver who was extremely intoxicated or engaged in street racing. They are not available in every case, and proving them requires a higher standard of evidence, but they are a real option worth discussing with your attorney.

More Resources About Vehicle Injuries

• Dangerous Roads & Intersections in Aurora, IL
• Aurora, IL Bicycle Accident Lawyer
• Aurora, IL Car Accident Lawyer
• Aurora, IL Distracted Driving Accident Lawyer
• Aurora, IL Drunk Driving Accident Lawyer
• Aurora, IL Motorcycle Accident Lawyer
• Aurora, IL Pedestrian Accident Lawyer
• Aurora, IL Truck Accident Attorney
• Aurora, IL Uber Accident Lawyer
• Aurora, IL Lyft Accident Lawyer
• Aurora, IL Uninsured Motorist Accident Lawyer