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Bloomington Wrongful Death Attorney
Losing a loved one is one of the hardest things a family can go through. When that loss happens because of someone else’s careless or reckless actions, the pain can feel even more overwhelming. You may be dealing with grief, medical bills, funeral costs, and a sudden loss of income, all at the same time. If your family is in this situation, you need to know your rights under Illinois law. At Briskman Briskman & Greenberg, we are a Chicago abogado de lesiones personales team that has helped families across the Chicago area, including those in and around Bloomington, understand their legal options after a wrongful death. You do not have to face this alone.
Table of Contents
- What Is a Wrongful Death Claim Under Illinois Law?
- Common Causes of Wrongful Death in the Bloomington and Chicago Area
- ¿Quién puede presentar una demanda por homicidio culposo en Illinois?
- The Illinois Wrongful Death Statute of Limitations: Do Not Wait
- What Damages Can Your Family Recover?
- FAQs About Bloomington Wrongful Death Attorney
What Is a Wrongful Death Claim Under Illinois Law?
A wrongful death claim is a civil lawsuit filed when someone dies because of another person’s or company’s wrongful conduct. In Illinois, this type of claim is governed by the Illinois Wrongful Death Act, found at 740 ILCS 180. The law is clear. The term “wrongful death” covers the unlawful killing of a person, and what usually matters is that a death occurred, not so much how it happened. Think about a family driving home on Interstate 55 near Bloomington after a weekend trip to Chicago’s Lincoln Park Zoo. A distracted truck driver runs a red light and kills a parent. That family has the right to pursue a wrongful death claim.
Under 740 ILCS 180/1, whenever a death is caused by a wrongful act, neglect, or default, the party who would have been liable if death had not occurred remains liable for damages, including punitive damages when applicable. This is a powerful protection for families. The law does not let a wrongful actor escape responsibility simply because the victim did not survive.
Under 740 ILCS 180/2, the action must be brought by the personal representatives of the deceased. Illinois law recognizes economic damages, which compensate survivors for measurable financial losses, including medical expenses incurred before the decedent’s death. The law also allows recovery for grief, sorrow, and mental suffering. A 2023 legislative amendment permits punitive damages in wrongful death cases where the defendant’s conduct was sufficiently reprehensible. Under the amended statute, wrongful death plaintiffs can seek punitive damages, but only under specific circumstances, and the plaintiff must demonstrate that the defendant’s conduct was malicious, willful, fraudulent, or showed a reckless disregard for the safety of others. Our wrongful death lawyers can help you understand exactly what your family may be entitled to recover.
Common Causes of Wrongful Death in the Bloomington and Chicago Area
Wrongful deaths happen in many different ways. The most common wrongful death suits in Illinois include medical malpractice, traffic accidents caused by driver negligence, construction site accidents, and dangerous and defective products. If your family has suffered a loss due to any of these causes, you may have a valid claim under Illinois law.
Car and truck accidents are among the most frequent causes. Think about the busy stretch of I-55 that connects Bloomington to Chicago, or the congested expressways near the Loop and the Dan Ryan. Fatal crashes happen on these roads every year. If a driver causes a fatal accident due to negligence, such as reckless driving or driving under the influence, the surviving family members can file a wrongful death lawsuit.
Medical malpractice occurs when a healthcare provider fails to act in accordance with the standard of care owed to a patient. Medical malpractice fatality cases are more common than many people realize, with routine medical procedures turning deadly. According to a Johns Hopkins research study, medical mistakes are the third leading cause of death in the United States, reportedly responsible for more than 250,000 deaths per year.
Workplace accidents are another major cause. Some industries have higher rates of fatal workplace incidents due to the inherent hazards associated with their operations. According to OSHA, the top four causes of fatal construction accidents are falls, struck-by incidents, caught-in and caught-between incidents, and electrocutions. Defective products, nursing home neglect, and premises liability incidents can also lead to wrongful death claims. Beyond car accidents, wrongful deaths in Illinois arise from medical negligence, workplace incidents, defective products, and other negligent or reckless conduct. No matter how the death occurred, our team can review the facts and help you understand your options. You can also learn more about your rights from our abogado de muerte por negligencia resource page.
¿Quién puede presentar una demanda por homicidio culposo en Illinois?
One of the first questions families ask is who has the legal right to file a wrongful death claim. Illinois law is specific about this. Under 740 ILCS 180/2, the action must be brought by and in the names of the personal representatives of the deceased person. The recovery is for the exclusive benefit of the surviving spouse and next of kin. This can include children, parents, and other close family members who depended on the deceased.
The law also addresses how the money recovered is distributed. Under 740 ILCS 180/2(b), the amount recovered is distributed by the court to each surviving spouse and next of kin in proportion to the percentage of their dependency on the deceased. So if a spouse and two children each relied on the deceased for financial support, the court determines how the award is divided based on that dependency.
It is worth noting that adopted children and adoptive parents are treated the same as natural children and parents under the statute. The law also has a special rule for minor beneficiaries. Illinois’s statute of limitations contains an exception for minors who have wrongful death claims. In these cases, minors have until two years after their 18th birthday to take legal action. Our abogado de muerte por negligencia team can help you identify the right personal representative and make sure your claim is filed correctly. Whether your family is in Bloomington, the South Loop, Wicker Park, or anywhere in between, we are here to guide you through the process.
The Illinois Wrongful Death Statute of Limitations: Do Not Wait
Time is one of the most important factors in a wrongful death case. Illinois law sets a strict deadline for filing, and missing it can cost your family the right to recover anything at all. The wrongful death lawsuit deadline is 2 years from the date of death, not the date of injury, under the Illinois Wrongful Death Act (740 ILCS 180/2). That means if your loved one passed away in January 2026, you generally have until January 2028 to file your lawsuit.
There are some exceptions to this rule. While Illinois has a two-year statute of limitations for wrongful death claims, an exception exists for cases involving “violent intentional conduct.” In these cases, a wrongful death claim must generally be filed within five years of the date of death. There is also an exception when the defendant has been criminally convicted and ordered to pay restitution into an escrow account. In that situation, the two-year clock does not start until the account is established.
Medical malpractice cases have their own rules. Illinois has a discovery rule that applies to cases involving medical malpractice. In these cases, the plaintiff has two years to file a lawsuit against a physician or hospital that provided negligent medical care. Instead of the two years beginning from the date of the act of negligence, the window begins after the plaintiff discovered it or reasonably should have discovered it. However, the plaintiff cannot file a lawsuit more than four years after the negligent act occurred.
Do not assume you have time to wait. Evidence disappears, witnesses forget details, and insurance companies move quickly to protect themselves. Our abogado de muerte por negligencia team can review your situation right away and make sure your family does not lose the right to pursue justice. Our abogados de muerte por negligencia serve families across the Chicago area and beyond.
What Damages Can Your Family Recover?
Many families are surprised by the full range of damages available under Illinois’s Wrongful Death Act. The law allows recovery for both economic and non-economic losses. Economic damages include things you can put a dollar amount on, like medical bills incurred before death, funeral and burial expenses, and the financial support your family would have received from the deceased over their lifetime. If your loved one was a working parent who commuted from Bloomington to Chicago’s Merchandise Mart every week, their lost future income can be a significant part of your claim.
Non-economic damages cover losses that do not have a clear price tag. Under 740 ILCS 180/2, the jury may award damages for grief, sorrow, and mental suffering. Non-economic damages compensate for losses that do not have a specific dollar amount but reflect the emotional and relational impact of the death. Loss of companionship, loss of guidance for children, and the emotional toll on a surviving spouse are all recognized by Illinois courts.
Punitive damages may also be available in certain cases, as discussed above. These are designed to punish especially reckless or malicious conduct and send a clear message that such behavior will not be tolerated. Under Illinois law, punitive damages are not available in cases involving healing art malpractice, legal malpractice, or claims against government entities, but they may apply in other wrongful death situations. Wrongful death settlements generally cover damages from the moment the act of negligence occurs until the time of death, including medical bills, lost wages, the deceased’s pain and suffering, as well as funeral and burial expenses. Every case is different, and the amount your family can recover depends on the specific facts involved. Contact Briskman Briskman & Greenberg today to discuss what your family may be owed.
FAQs About Bloomington Wrongful Death Attorney
What makes a death “wrongful” under Illinois law?
Under the Illinois Wrongful Death Act (740 ILCS 180), a death is considered wrongful when it is caused by the wrongful act, neglect, or default of another person or company. This includes deaths caused by car accidents, medical malpractice, workplace accidents, defective products, and intentional acts. The key is that the responsible party must have had a legal duty to the deceased and breached that duty in a way that caused the death. If the deceased person could have filed a personal injury lawsuit had they survived, their family can likely file a wrongful death claim.
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 under 740 ILCS 180/2. There are exceptions, including cases involving intentional violent conduct, criminal convictions with restitution orders, and claims involving minors. Medical malpractice cases have their own rules and may involve a discovery rule. Missing this deadline means losing your right to compensation entirely, so it is critical to speak with an attorney as soon as possible after the death.
Who is entitled to the money recovered in a wrongful death case?
Under 740 ILCS 180/2, the money recovered in a wrongful death case goes to the surviving spouse and next of kin of the deceased. The court distributes the amount based on each person’s degree of financial and emotional dependency on the deceased. Adopted children and adoptive parents are treated the same as biological relatives under the law. The personal representative of the estate brings the lawsuit on behalf of these beneficiaries.
Can I still file a wrongful death claim if my loved one was partially at fault?
Yes, in many situations. Illinois follows a modified comparative fault system. Under 740 ILCS 180/2(h), the trier of fact first determines the decedent’s contributory fault. Recovery is reduced or barred based on that finding. The law also looks at the contributory fault of each beneficiary. If a beneficiary’s fault is 50% or less of the proximate cause of the death, their damages are reduced proportionally. If their fault is more than 50%, they are barred from recovering. An attorney can help you understand how these rules apply to your specific situation.
Does Briskman Briskman & Greenberg handle wrongful death cases outside of Chicago?
Yes. Briskman Briskman & Greenberg serves families throughout the greater Chicago area and Illinois, including those in and around Bloomington. Whether your case involves a fatal accident on I-55, a workplace death in a local industrial facility, or a medical malpractice incident at a hospital, our team is ready to help. We handle wrongful death cases on a contingency fee basis, which means you pay no attorney fees unless we recover compensation for your family. Call us today for a free consultation.
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