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Belleville Wrongful Death Attorney
Losing someone you love because of another person’s carelessness is one of the most painful experiences a family can go through. When that loss happens on a Belleville road, in a workplace, or in a hospital, you deserve answers and accountability. A Chicago abogado de lesiones personales at Briskman Briskman & Greenberg understands what families in the Metro East area face after a tragic, preventable death. Our firm has helped Illinois families pursue justice, and we are ready to help yours.
Table of Contents
- What Is a Wrongful Death Claim Under Illinois Law?
- ¿Quién puede presentar una demanda por homicidio culposo en Illinois?
- What Damages Can a Belleville Wrongful Death Claim Recover?
- The Deadline to File and Why It Matters
- How Comparative Fault Affects Your Wrongful Death Case
- FAQs About Belleville Wrongful Death Claims
What Is a Wrongful Death Claim Under Illinois Law?
Illinois law gives families a legal path to hold negligent parties accountable when a loved one dies because of someone else’s wrongful act, neglect, or default. That path runs through the Illinois Wrongful Death Act, 740 ILCS 180. Under Section 1 of that Act, any person or company that would have been liable for injuries had the victim survived remains liable for damages after death. That is an important point. The law does not let a wrongdoer escape responsibility simply because their victim did not survive.
Wrongful death claims in Illinois cover a wide range of situations. Fatal car accidents on Route 15 or Interstate 64 near Belleville, deadly construction accidents at worksites in St. Clair County, fatal truck crashes near Scott Air Force Base, and fatal medical errors at local hospitals can all give rise to a wrongful death claim. The key question is whether someone’s negligence, recklessness, or intentional misconduct caused the death. If it did, the family has the right to pursue compensation.
It is also worth knowing that Illinois law allows for punitive damages in wrongful death cases where the conduct was especially egregious. However, punitive damages are not available in healing art malpractice cases or against government entities under the Local Governmental and Governmental Employees Tort Immunity Act. Understanding which damages apply to your specific situation is one of the first things an attorney will evaluate.
Illinois recorded approximately 1,196 traffic deaths in 2024, according to IDOT’s 2024 Crash Facts report. Many of those deaths left families in communities like Belleville without a spouse, a parent, or a child. The law exists to provide those families a way to seek accountability and financial support during an incredibly difficult time.
¿Quién puede presentar una demanda por homicidio culposo en 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 usually the executor named in the decedent’s will, or an administrator appointed by the probate court if no will exists. In St. Clair County cases, that appointment would typically go through the St. Clair County Circuit Court in Belleville, located at 10 Public Square.
The personal representative files the lawsuit, but the money recovered does not go to the estate itself. Instead, it is distributed to the surviving spouse and next of kin in proportions the court determines based on each person’s financial dependency on the deceased. A spouse who relied entirely on the deceased’s income, for example, would likely receive a larger share than an adult child who was financially independent.
The Act also includes adopted parents and adopted children, treating them the same as biological relatives for purposes of recovery. So if a family’s situation involves adoption, that does not disqualify anyone from sharing in a recovery.
One more thing families should know: if a beneficiary is under 18 years old at the time the cause of action accrues, that minor has until two years after turning 18 to bring their portion of the claim. This tolling provision protects minor children who lose a parent and ensures they are not left without recourse simply because of their age at the time of the tragedy.
Families dealing with workplace fatalities should also know that the Illinois Workers’ Compensation Act, 820 ILCS 305, and the Illinois Workers’ Occupational Diseases Act, 820 ILCS 310, each contain provisions that preserve the right to bring a civil wrongful death action in certain circumstances, particularly when a repose period would otherwise bar a workers’ compensation claim.
What Damages Can a Belleville Wrongful Death Claim Recover?
Illinois law allows the jury in a wrongful death case to award damages that are “fair and just” with reference to the losses suffered by the surviving spouse and next of kin. That language comes directly from Section 2(a) of the Illinois Wrongful Death Act, 740 ILCS 180/2. The damages are not capped by any statutory limit in most wrongful death cases, which means the jury has real discretion to award what the evidence supports.
Recoverable damages typically include lost financial support the deceased would have provided over a lifetime, loss of companionship and society, grief, sorrow, and mental suffering. Families can also recover funeral and burial expenses. These are not just numbers on a page. They represent a family’s financial stability, their emotional wellbeing, and the real value of a life that was cut short.
Illinois wrongful death cases often run alongside a survival action under the Illinois Probate Act, 755 ILCS 5/27-6. The survival action preserves the deceased’s own personal injury claim, covering pain and suffering experienced between the injury and the time of death, medical bills incurred before death, and lost wages from the injury date through death. These two claims are typically filed together, and damages are allocated between them at settlement or by the jury.
Joint and several liability rules under 735 ILCS 5/2-1117 can also matter in wrongful death cases with multiple defendants. Under that provision, all defendants found liable are jointly and severally responsible for past and future medical and medically related expenses. A defendant whose share of fault is 25% or greater is jointly and severally liable for all other damages as well. This matters when one defendant has more financial resources than another, because it can affect how much a family actually collects.
There is no formula that predicts what any specific case is worth. Every family’s situation is different, and the damages depend on the facts. What we can tell you is that Briskman Briskman & Greenberg takes the time to understand every dimension of a family’s loss before evaluating what a case should be worth.
The Deadline to File and Why It Matters
Time is not on your side after a wrongful death. Under the Illinois Wrongful Death Act, 740 ILCS 180/2(d), families have two years from the date of death to file a lawsuit. That clock runs from the date of death, not from the date of the underlying injury. So if a loved one was seriously injured in a crash on Interstate 64 in January and died from those injuries in March, the two-year window starts in March.
Missing that deadline almost always means losing the right to pursue any compensation at all. Courts rarely grant exceptions, and insurance companies know this. Some adjusters will drag out conversations with grieving families hoping the deadline passes without a lawsuit being filed.
There are also situations where the deadline is shorter. Cases involving government entities, public agencies, or municipalities may require formal notice well before any lawsuit is filed. A failure to give proper notice on time can be just as fatal to a claim as missing the two-year deadline. Families who believe a government entity contributed to a death, such as through a dangerous road condition near Belleville’s West Main Street corridor or a failure to maintain a public facility, need to act even faster.
The two-year window sounds like plenty of time, but building a strong wrongful death case takes months. Attorneys need time to gather medical records, preserve accident scene evidence, interview witnesses, retain experts, and investigate every responsible party. Waiting too long makes all of that harder. Contacting Briskman Briskman & Greenberg as soon as possible after a loss protects your family’s rights and gives your case the best possible foundation.
How Comparative Fault Affects Your Wrongful Death Case
Illinois follows a modified comparative fault system in civil cases. Under the Illinois Code of Civil Procedure, Section 2-1116, a plaintiff’s recovery is reduced in proportion to their share of fault. If the deceased was found to be 20% at fault for the accident that caused their death, the damages awarded to the family are reduced by 20%. If the deceased was more than 50% at fault, recovery is barred entirely.
The Illinois Wrongful Death Act adds another layer to this analysis. Section 2(h) of 740 ILCS 180 requires the trier of fact to separately evaluate the contributory fault of each individual beneficiary, not just the decedent. If a beneficiary’s own fault contributed to the wrongful death by more than 50%, that specific beneficiary is barred from recovering. Their share does not transfer to the other beneficiaries, and no defendant has to pay it. This is a nuanced area of law that can significantly affect how a family’s recovery is structured.
Defense attorneys and insurance companies in St. Clair County cases will often try to shift blame onto the deceased to reduce what they owe. They may argue that a driver was speeding, that a worker violated a safety rule, or that a patient failed to follow medical advice. These arguments are predictable, and an experienced legal team knows how to counter them with solid evidence and expert testimony.
The goal at Briskman Briskman & Greenberg is to make sure the full picture of what happened is presented clearly, so that any fault assigned to the deceased reflects the actual facts, not an insurance company’s preferred narrative. If you lost a family member in Belleville or anywhere in the Metro East region, call us at (312) 222-0010 for a free consultation. Our firm is located at 205 W. Randolph St., Suite 925, Chicago, IL 60606, and we serve families throughout Illinois, including St. Clair County.
FAQs About Belleville Wrongful Death Claims
Can I file a wrongful death claim if the at-fault driver was also killed in the accident?
Yes. Under the Illinois Wrongful Death Act, 740 ILCS 180/1, the liability does not disappear when the at-fault party dies. A claim can be filed against the estate of the deceased at-fault driver. In practice, this means the claim would go through that person’s estate and be paid by their auto insurance or other applicable coverage. The process is more involved, but the legal right to pursue compensation remains intact.
What if my loved one was partially at fault for the accident that caused their death?
Illinois uses a modified comparative fault system under Section 2-1116 of the Code of Civil Procedure. If the deceased was partially at fault, the family’s damages are reduced by that percentage. However, as long as the deceased was not more than 50% at fault, the family can still recover. An attorney can help evaluate how fault is likely to be assigned and what that means for your specific case.
Does a wrongful death settlement go through probate court?
In Illinois, the wrongful death recovery itself is distributed by the court based on each beneficiary’s degree of financial dependency on the deceased, as outlined in 740 ILCS 180/2(b). The circuit court overseeing the case handles this distribution. In St. Clair County, that would typically be the St. Clair County Circuit Court. A survival action recovery, by contrast, does flow through the estate and is subject to estate administration rules.
What if my loved one died in a workplace accident in Belleville?
Workplace deaths can involve both a workers’ compensation claim and a separate wrongful death lawsuit, depending on the circumstances. The Illinois Workers’ Compensation Act, 820 ILCS 305, and the Illinois Workers’ Occupational Diseases Act, 820 ILCS 310, both preserve the right to bring a civil wrongful death action in cases where a repose period would otherwise bar a workers’ compensation recovery. If a third party, such as a contractor, equipment manufacturer, or property owner, contributed to the death, a wrongful death claim against that party may be available regardless of workers’ compensation.
How much 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, which means you pay no attorney’s fees unless we recover compensation for you. You should be aware, however, that clients may still be responsible for certain case costs and expenses. The specifics of the fee arrangement will be clearly explained during your free consultation. To discuss your family’s situation, call us at (312) 222-0010.
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