Our Lawyers
Mt. Prospect Wrongful Death Attorney
Losing a loved one is one of the hardest things a family will ever face. When that loss happens because of someone else’s careless or reckless actions, the pain can feel unbearable. You may be asking yourself, “What do we do now?” If you live in Mt. Prospect or the surrounding Cook County area, you have legal rights under Illinois law, and Briskman Briskman & Greenberg is ready to help you understand them. As a Chicago personal injury lawyer firm with deep roots in the community, we fight for families who deserve justice.
Table of Contents
- What Is a Wrongful Death Claim in Illinois?
- Who Can File a Wrongful Death Lawsuit in Illinois?
- The Illinois Wrongful Death Filing Deadline You Need to Know
- What Damages Can Mt. Prospect Families Recover?
- Why Briskman Briskman & Greenberg Is the Right Choice for Mt. Prospect Families
- FAQs About Mt. Prospect Wrongful Death Cases
What Is a Wrongful Death Claim in Illinois?
A wrongful death claim is a civil lawsuit filed when someone’s death is caused by another party’s wrongful act, neglect, or default. Illinois law governs these claims under the Wrongful Death Act, 740 ILCS 180. Under Section 1 of that Act, if a person’s death was caused by a wrongful act or neglect that would have entitled the injured party to bring a personal injury lawsuit had they survived, then the responsible party can still be held liable. In other words, death does not erase accountability.
These cases can arise from many situations. Car accidents on Interstate 90 near Mt. Prospect, slip-and-fall incidents at Randhurst Village, workplace accidents, medical malpractice, defective products, and even intentional acts can all give rise to a wrongful death claim. The key question is whether someone else’s conduct caused your loved one’s death.
Mt. Prospect is a village located in Cook County, Illinois, with a population of roughly 55,000 residents. It is a close-knit community with families spread across neighborhoods near Melas Park, Busse Woods, and the Metra Union Pacific Northwest Line. Accidents and tragedies happen here just as they do anywhere else. When they do, the families left behind deserve real answers and real help.
Under Section 2 of the Wrongful Death Act (740 ILCS 180/2), every wrongful death action must be brought by the personal representatives of the deceased person. The money recovered goes to the surviving spouse and next of kin. The jury may award damages that are fair and just, including compensation for pecuniary injuries, grief, sorrow, and mental suffering. Punitive damages may also be available in certain cases, though not in actions involving healing art malpractice, legal malpractice, or claims against government entities. Working with experienced wrongful death lawyers helps ensure your family pursues every dollar the law allows.
Who Can File a Wrongful Death Lawsuit in Illinois?
One of the first questions families ask is, “Can I file this lawsuit?” Under Illinois law, the wrongful death action must be filed by the personal representative of the deceased person’s estate. This is often the executor named in a will, or a person appointed by the court if no will exists. The proceeds from a successful case benefit the surviving spouse and next of kin, which includes children, parents, and adopted family members.
Section 2(f) of the Wrongful Death Act makes clear that adopted parents and adopted children are treated the same as biological parents and children. So if you were adopted by the person who passed away, or if the deceased adopted you, you are still considered next of kin under the law.
What if a beneficiary was partly at fault? Illinois uses a modified comparative fault system. Under Section 2(g) and (h) of the Act, a beneficiary’s own contributory fault can reduce or even eliminate their share of the damages. If a beneficiary’s fault is found to be more than 50% of the proximate cause of the death, that beneficiary is barred from recovering damages. These rules can get complicated fast, especially in multi-party accidents on busy roads like Rand Road or Golf Road near Mt. Prospect.
If you are a minor who is entitled to bring a wrongful death claim, the law gives you extra time. Under Section 2(f) of the Act, a person under 18 at the time the cause of action accrued may bring the action within two years after turning 18. This protects young family members who may not be in a position to act right away. Talking to a wrongful death attorney early helps you understand exactly what rights apply to your situation.
The Illinois Wrongful Death Filing Deadline You Need to Know
Time is one of the most important factors in any wrongful death case. Illinois law sets a strict deadline, called the statute of limitations, for filing a wrongful death lawsuit. Missing this deadline can cost your family the right to any compensation, no matter how strong your case is.
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 applies to deaths caused by car accidents, truck crashes, slip-and-fall incidents, medical negligence, and most other common causes. If you are suing a government entity, such as a municipality or public transportation agency, you may face a shorter deadline and additional notice requirements.
There are exceptions to the two-year rule. If the death resulted from violent intentional conduct, the filing window extends to five years from the date of death. In cases where the defendant is criminally charged, surviving family members may also have one year from the final disposition of the criminal case to file a civil wrongful death claim. These exceptions apply only to claims against the individual who committed the violent act, not against other parties like an employer.
If a beneficiary entitled to recover was a minor at the time the cause of action arose, the two-year clock does not start until their 18th birthday. But waiting is risky. Evidence fades. Witnesses move away. Surveillance footage from locations near Elmhurst Road or Central Road gets deleted. The sooner you act, the stronger your case. Reach out to a wrongful death attorney as soon as possible to protect your family’s rights.
What Damages Can Mt. Prospect Families Recover?
Families often wonder what a wrongful death case is actually worth. The honest answer is that it depends on the facts of your case. But Illinois law does allow for a broad range of damages, and the amounts can be significant.
Under the Wrongful Death Act, the jury may award compensation for pecuniary injuries. This includes the financial support the deceased would have provided to their family over a lifetime. Think about lost wages, lost benefits, and the economic value of services like childcare or household management. If a parent was commuting from the Mt. Prospect Metra station to downtown Chicago every day for work, the loss of that income stream is a real, calculable harm.
Beyond money, Illinois law also allows recovery for grief, sorrow, and mental suffering. These are not just soft numbers. Juries take them seriously. Losing a spouse, a parent, or a child causes real emotional damage that deserves real compensation. Punitive damages may also be available in cases involving especially reckless or intentional conduct, though certain exceptions apply under the Act.
Other recoverable damages often include medical expenses incurred before death, funeral and burial costs, and the loss of companionship and guidance. A skilled wrongful death lawyer can help you identify and document every category of loss so nothing gets left on the table. Cases are typically filed in Cook County Circuit Court, which handles civil litigation for Mt. Prospect residents.
Why Briskman Briskman & Greenberg Is the Right Choice for Mt. Prospect Families
When you are grieving and overwhelmed, the last thing you want is to deal with insurance adjusters, legal paperwork, and court deadlines on your own. Briskman Briskman & Greenberg has been helping Illinois families through exactly these situations for decades. We understand what you are going through, and we are committed to fighting for the compensation your family deserves.
Our firm handles wrongful death cases throughout the Chicago metropolitan area, including Mt. Prospect and all of Cook County. Whether your case involves a fatal car accident on Route 83, a workplace death near the industrial areas off Wolf Road, or a medical error at a local hospital, we are prepared to investigate, build your case, and take it to trial if necessary.
We work on a contingency fee basis. That means you pay nothing unless we recover money for your family. There is no upfront cost and no financial risk to you. You can call us, describe what happened, and get honest information about your options without any obligation. Our team also serves clients in Lake County and surrounding areas. Families throughout the region have trusted our wrongful death attorneys to stand up for them when it mattered most.
Do not let the insurance company pressure you into a quick, low settlement. Do not wait until the statute of limitations runs out. Call Briskman Briskman & Greenberg today. We are ready to listen, and we are ready to fight for your family.
FAQs About Mt. Prospect Wrongful Death Cases
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 in Illinois. There are exceptions. If the death involved violent intentional conduct, the deadline extends to five years. If a beneficiary was a minor when the cause of action arose, they have two years from their 18th birthday to file. Because deadlines can vary based on the facts of your case, contact an attorney as soon as possible.
Who receives the money from a wrongful death lawsuit in Illinois?
Under the Illinois Wrongful Death Act (740 ILCS 180/2), the money recovered goes to the surviving spouse and next of kin of the deceased person. This includes children, parents, and adopted family members. The trial judge determines the degree of dependency of each beneficiary and calculates how damages are distributed. A beneficiary’s own fault, if any, may reduce or eliminate their share of the award.
Can I file a wrongful death claim if the death was also a criminal matter?
Yes. A criminal case and a civil wrongful death lawsuit are separate proceedings. Even if a person is charged with or convicted of a crime related to the death, you can still file a civil wrongful death claim. In fact, if the defendant is criminally charged, Illinois law may give you up to one year after the final disposition of that criminal case to file your civil lawsuit. Both cases can move forward at the same time.
What if my loved one was partly at fault for their own death?
Illinois law uses a modified comparative fault system. Under the Wrongful Death Act, the deceased’s own contributory fault can reduce the damages awarded. The trier of fact first determines the decedent’s fault level and reduces recovery accordingly. If a beneficiary was also partly at fault, their share of the damages may be reduced or eliminated depending on the percentage of fault assigned to them. An attorney can help you understand how these rules apply to your specific case.
Does Briskman Briskman & Greenberg handle wrongful death cases from Mt. Prospect?
Yes. Briskman Briskman & Greenberg handles wrongful death cases throughout the Chicago area, including Mt. Prospect and all of Cook County. The firm works on a contingency fee basis, meaning you pay no attorney fees unless your case results in a recovery. If you lost a loved one due to someone else’s negligence or wrongful conduct, contact our office to discuss your legal options at no cost to you.
More Resources About Personal Injuries
SEEN ON:
