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Bloomington Fatal Car Accident Lawyer
Losing a family member in a fatal car accident is one of the most painful experiences a person can go through. The grief is overwhelming. The medical bills, funeral costs, and financial pressure pile up fast. If your loved one was killed in a crash near Bloomington, Illinois, or anywhere in the Chicago area, you may have the right to file a wrongful death claim. The attorneys at Briskman Briskman & Greenberg have helped families across Illinois pursue justice after devastating losses. You deserve answers, and you deserve someone in your corner.
Table of Contents
- Fatal Car Accidents in Bloomington and the Chicago Area: What the Numbers Tell Us
- Illinois Law and Your Rights After a Fatal Crash
- Who Can Be Held Responsible for a Fatal Car Accident?
- What Compensation Can a Bloomington Fatal Car Accident Lawyer Pursue for Your Family?
- Why Families in the Bloomington Area Choose Briskman Briskman & Greenberg
- FAQs About Bloomington Fatal Car Accident Lawyers
Fatal Car Accidents in Bloomington and the Chicago Area: What the Numbers Tell Us
Car accidents kill people every single day in Illinois. The numbers are hard to ignore. In 2024, there were 303,913 crashes involving motor vehicles in Illinois. Fatal crashes accounted for 1,085 of those incidents. That is a staggering number of families left behind to grieve and rebuild.
Bloomington sits along Interstate 55 and Interstate 74, two of the busiest corridors in the state. Traffic between Chicago and the southern half of Illinois flows heavily through this area. The stretch of I-55 connecting Bloomington to Chicago’s south side, past neighborhoods like Bronzeville and Bridgeport, sees commercial trucks, distracted drivers, and speeding vehicles every hour of the day. Any one of those factors can turn a routine drive into a tragedy.
Crashes involving speed accounted for 31.1% of total crashes and 45.3% of fatal crashes in Illinois in 2024. That means nearly half of all fatal crashes involved a driver going too fast. Distracted driving, speeding, and alcohol use are identified as primary factors contributing to these crashes. These are not random accidents. They are the result of choices that other drivers made, and when those choices kill someone, the law gives surviving families a path to justice.
Drivers involved in an Illinois traffic crash must file a crash report if the crash caused a death, bodily injury, or more than $1,500 of property damage when all drivers are insured. That report becomes a key piece of evidence in any wrongful death case. At Briskman Briskman & Greenberg, we know how to use that evidence to build a strong claim on your behalf.
Illinois Law and Your Rights After a Fatal Crash
Illinois law gives surviving family members the right to pursue compensation when a loved one is killed because of someone else’s negligence. That right comes from the Illinois Wrongful Death Act, found at 740 ILCS 180. Under this law, when a person’s death is caused by a wrongful act, neglect, or default, the responsible party can be held liable for damages. The law also allows for punitive damages in certain cases, which go beyond simply compensating the family and are meant to punish especially reckless behavior.
You need to act quickly, though. Under the Illinois Wrongful Death Act (740 ILCS 180/2), the deadline to file is two years from the date of death, not the date of injury. That clock starts ticking the moment your loved one passes away. Missing the statute of limitations has serious consequences. If the wrongful death lawsuit is not filed within the required time frame, the court will dismiss the case and the family loses the chance to pursue any financial compensation. No matter how strong the evidence or how responsible the at-fault party may be, the family’s legal rights to compensation are permanently forfeited.
There are some exceptions to this deadline. If a family member entitled to compensation is under 18 when the loved one dies, the Illinois statute of limitations for wrongful death is usually paused. The clock starts once the minor turns 18, giving them two years from that date to file a claim. Cases involving government entities may have even shorter deadlines, so do not wait to speak with an attorney.
Illinois law under 625 ILCS 5/11-401 also requires that any driver involved in a crash resulting in death must stop immediately and remain at the scene. Leaving the scene of a fatal crash is a Class 4 felony. If the at-fault driver fled, that fact matters in your civil case too. Our Chicago abogado de accidente de coche team knows how to pursue these cases aggressively.
Who Can Be Held Responsible for a Fatal Car Accident?
One of the first questions families ask is: who is responsible? The answer is often more than one party. Illinois law under 735 ILCS 5/2-1117 addresses joint and several liability. Under this law, all defendants found liable are jointly and severally liable for a plaintiff’s past and future medical and medically related expenses. Any defendant whose fault is 25% or greater of the total fault is jointly and severally liable for all other damages as well. This means that if multiple parties contributed to the crash, you may be able to pursue all of them.
Here are some common parties who may share responsibility in a fatal crash:
- The at-fault driver. If another driver was speeding, drunk, distracted, or running a red light, they can be held personally liable.
- A trucking company. Commercial trucks travel I-55 and I-74 constantly. If a truck driver caused the crash, the company that employs them may also be liable.
- A vehicle manufacturer. Defective brakes, tires, or safety systems can contribute to fatal crashes. Product liability claims may apply.
- A bar or restaurant. Illinois’s Dram Shop Act, found at 235 ILCS 5/6-21, allows families to hold licensed alcohol sellers liable when they serve a person who then causes injury or death while intoxicated. These claims must be filed within one year of the cause of action accruing.
- A government agency. Poorly maintained roads, missing guardrails, or broken traffic signals near the Bloomington Normal area or along Chicago’s Lake Shore Drive can make a municipality liable.
Our team can help you understand every angle of your case. Visit our car accident responsibility FAQ to learn more about how Illinois law assigns fault.
What Compensation Can a Bloomington Fatal Car Accident Lawyer Pursue for Your Family?
When you lose a loved one in a fatal crash, the financial impact hits from every direction at once. Funeral costs, medical bills from the final hours of care, and the sudden loss of income can destabilize an entire household. Illinois law recognizes these losses and allows families to seek meaningful compensation.
Under the Illinois Wrongful Death Act, the personal representative of the deceased’s estate files the lawsuit on behalf of surviving family members. While the personal representative files the lawsuit, any damages are awarded for the benefit of the surviving spouse and the decedent’s next of kin, such as their children or parents. The types of compensation available can include:
- Gastos funerarios y de sepelio
- Medical bills incurred before death
- Loss of the deceased’s future income and financial support
- Loss of companionship, guidance, and society
- Grief and mental suffering of surviving family members
- Punitive damages, where the conduct was especially reckless or intentional
Illinois also has a Survival Act that runs alongside a wrongful death claim. When death was not instantaneous, the personal representative can bring a survival action alongside the wrongful death claim to collect damages the decedent suffered up to the time of death. This can include pain and suffering the victim experienced before passing away.
No amount of money brings a person back. But a successful claim can protect your family’s financial future, pay off debts that piled up, and hold the responsible party accountable for what they did. The team at Briskman Briskman & Greenberg understands what is at stake, and we fight hard for every family we represent. We also handle cases throughout the region, including as a Wheeling fatal car accident lawyer and a Joliet fatal accident lawyer.
Why Families in the Bloomington Area Choose Briskman Briskman & Greenberg
Choosing the right legal team after a fatal crash is one of the most important decisions your family will make. You need attorneys who take the time to understand your loss, know Illinois law inside and out, and are not afraid to go up against insurance companies and corporate defendants.
Briskman Briskman & Greenberg has represented injured people and grieving families across Illinois for decades. Our Chicago abogado accidente de coche mortal team handles cases from the Bloomington-Normal area all the way through the Chicago metro, including areas along I-55 and I-74, near the Bloomington Center for the Performing Arts, and throughout McLean County. We know the courts, we know the law, and we know how to build a case that gets results.
Here is what you can expect when you work with us:
- A free consultation. We listen to your story at no cost to you. There is no obligation.
- No fees unless we win. We work on a contingency basis. You pay nothing unless we recover compensation for your family.
- Thorough investigation. We gather police reports, witness statements, camera footage, and expert testimony to build the strongest possible case.
- Direct communication. You will know what is happening in your case at every stage. We do not leave clients in the dark.
- Aggressive negotiation and litigation. Insurance companies try to pay as little as possible. We push back, and we are ready to take your case to trial if that is what it takes.
Families throughout the Chicago area, from the North Shore to the South Side, from Lincoln Square to Hyde Park, have trusted our firm with their most difficult legal challenges. We bring that same commitment to every family we serve, no matter where in Illinois their loss occurred. If your family is dealing with the aftermath of a fatal crash near Bloomington, reach out to us today. Time matters, and we are ready to help.
FAQs About Bloomington Fatal Car Accident Lawyers
How long do I have to file a wrongful death claim in Illinois after a fatal car accident?
In most cases, you have two years from the date of your loved one’s death to file a wrongful death lawsuit in Illinois under 740 ILCS 180/2. This deadline is strict. If you miss it, a court will almost certainly dismiss your case, and you will lose the right to seek compensation entirely. Some exceptions exist, such as when a surviving family member is a minor, but you should not count on an exception applying to your situation. Contact Briskman Briskman & Greenberg as soon as possible to protect your family’s rights.
Who can file a wrongful death lawsuit after a fatal crash in Illinois?
Under the Illinois Wrongful Death Act, the lawsuit must be filed by the personal representative of the deceased person’s estate. This is often the person named in the will, or someone appointed by the court. The compensation recovered goes to the surviving spouse and next of kin, including children and parents. If you are not sure who has the right to file or how to get the process started, an attorney at Briskman Briskman & Greenberg can walk you through every step.
What if the driver who caused the crash was drunk and served by a bar?
Illinois’s Dram Shop Act at 235 ILCS 5/6-21 allows families to hold a licensed alcohol seller liable when they served someone who then caused a fatal crash while intoxicated. These claims have a one-year statute of limitations, which is shorter than the standard wrongful death deadline. If you believe a bar, restaurant, or other licensed establishment contributed to the crash by over-serving the at-fault driver, tell your attorney right away. Acting fast is critical to preserving this type of claim.
What if the at-fault driver left the scene of the fatal crash?
Under Illinois law at 625 ILCS 5/11-401, any driver involved in a crash that causes death must stop immediately and remain at the scene. Leaving is a serious felony offense. If the driver fled, law enforcement will investigate, and any criminal proceedings can run alongside your civil wrongful death claim. Even if the driver is not immediately identified, there may be other avenues for compensation, including uninsured motorist coverage. Briskman Briskman & Greenberg can help you explore all available options.
Does Illinois require drivers to carry insurance, and does that affect my claim?
Yes. Under 625 ILCS 5/7-601, every motor vehicle operated on Illinois public highways must be covered by a liability insurance policy. The policy must meet the state’s minimum coverage amounts for bodily injury, death, and property damage. If the at-fault driver had insurance, that policy is typically the first source of compensation for your family. If the driver was uninsured or underinsured, your own policy’s uninsured motorist coverage may apply. An attorney can help you identify all available insurance sources and fight for the maximum recovery your family deserves.
More Resources About Vehicle Injuries
- Dangerous Roads & Intersections in Bloomington
- Bloomington Bicycle Accident Lawyer
- Bloomington Car Accident Lawyer
- Bloomington Distracted Driving Accident Lawyer
- Bloomington Drunk Driving Accident Lawyer
- Bloomington Motorcycle Accident Lawyer
- Bloomington Pedestrian Accident Lawyer
- Bloomington Truck Accident Attorney
- Bloomington Uber Accident Lawyer
- Bloomington Lyft Accident Lawyer
- Bloomington Uninsured Motorist Accident Lawyer
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