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Decatur 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 is even harder to bear. You deserve answers. You deserve accountability. And you deserve a legal team that will fight for your family every step of the way. At Briskman Briskman & Greenberg, we understand what you are going through, and we are here to help families in Decatur and across Illinois seek the justice they deserve.
Table of Contents
- What Is a Wrongful Death Claim in Illinois?
- Illinois Law and Who Can File a Wrongful Death Lawsuit
- Understanding the Statute of Limitations for Wrongful Death in Illinois
- What Damages Can a Decatur Family Recover?
- Why Decatur Families Choose Briskman Briskman & Greenberg
- FAQs About Decatur Wrongful Death Claims
What Is a Wrongful Death Claim in Illinois?
A wrongful death claim is a civil lawsuit filed when someone dies because of another person’s or company’s wrongful actions. This is different from a criminal case. In a criminal case, the state prosecutes the defendant. In a wrongful death case, the family pursues compensation through the civil courts.
Illinois law governs these claims under the wrongful death lawyers‘ primary legal framework, the Illinois Wrongful Death Act (740 ILCS 180). The act applies in cases where the death of a person is caused by another’s “wrongful act, neglect, or default.” Think of a situation where a driver runs a red light near the Decatur Civic Center and kills a pedestrian. Or a nursing home near Lake Decatur fails to provide basic care, and a resident dies as a result. In both cases, the family may have a valid wrongful death claim.
The law is clear about who can benefit. Under 740 ILCS 180/2, every such action must be brought by the personal representatives of the deceased person, and the amount recovered is for the exclusive benefit of the surviving spouse and next of kin. The jury may award damages that are fair and just compensation, including damages for grief, sorrow, and mental suffering, and punitive damages when applicable.
Many families do not realize that wrongful death claims can arise from a wide range of incidents. There are a wide array of incidents that could fall under the Illinois Wrongful Death Act, including auto accidents caused by distracted driving and impaired driving, medical malpractice, personal injuries including workplace injury and premises liability, criminal behavior such as assault and battery, and deaths in nursing homes, daycares, and other care facilities. If you are unsure whether your situation qualifies, call Briskman Briskman & Greenberg today for a free consultation.
Illinois Law and Who Can File a Wrongful Death Lawsuit
One of the first questions families ask is, “Who actually has the right to file this lawsuit?” Under the Illinois Wrongful Death Act, the answer is specific. The action must be brought by the personal representative of the deceased person’s estate. That representative then pursues the case for the benefit of the surviving spouse and next of kin.
The law also addresses how any recovered damages are distributed. Under 740 ILCS 180/2, the amount recovered is distributed by the court to each of the surviving spouse and next of kin in the proportion that the percentage of dependency of each such person upon the deceased person bears to the sum of the percentages of dependency of all such persons. In plain terms, those who depended most on the deceased person receive a larger share of any recovery.
What if the deceased person had no surviving spouse or next of kin? The law still accounts for this. In those situations, the damages may go toward covering final medical and hospitalization costs, surgical services, and the costs and expenses of administering the estate and prosecuting the action, including a reasonable attorney’s fee.
The Illinois Wrongful Death Act also recognizes adopted children and adoptive parents as next of kin, treating them the same as natural family members. This is an important protection for many Illinois families. Additionally, if a person entitled to recover benefits is under 18 years of age at the time the cause of action accrued, they may bring the action within two years after reaching the age of 18. Our abogado de muerte por negligencia team can walk you through exactly how these rules apply to your family’s situation.
Understanding the Statute of Limitations for Wrongful Death in Illinois
Time matters enormously in a wrongful death case. Illinois law sets a strict deadline for filing, and missing it can bar your family from ever recovering compensation. This is one of the most important reasons to speak with an attorney as soon as possible after losing a loved one.
In Chicago, the usual statute of limitations to file a wrongful death lawsuit is two years after the death occurred. This rule comes from the Illinois Wrongful Death Act (740 ILCS 180/2(d)) and means you need to start your claim within that time or risk losing the chance to seek justice and compensation.
It is also important to know when that two-year clock starts ticking. The clock begins on the date of death, not necessarily the date of the accident or incident that caused the death. For example, if your loved one was injured in a car accident on Interstate 72 near Decatur but did not pass away until two weeks later, the two-year period starts from the date of death.
Building a strong case requires time to gather evidence, including medical records, interview witnesses, and investigate the circumstances surrounding the death. Starting early helps ensure nothing is overlooked and increases the chances of meeting the statute of limitations. Waiting too long can make it harder to collect the facts you need and may even prevent you from filing a legal claim.
There are limited exceptions to this two-year rule, including situations involving minor children. But do not count on an exception applying to your case. Contact Briskman Briskman & Greenberg right away so we can protect your family’s rights before time runs out. You can learn more about the abogado de muerte por negligencia process in Illinois on our website.
What Damages Can a Decatur Family Recover?
Families often wonder what a wrongful death case is actually worth. The honest answer is that every case is different. But Illinois law provides a clear framework for the types of damages that may be available to you and your family.
Under 740 ILCS 180/2, the jury may give such damages as they deem fair and just compensation with reference to the pecuniary injuries resulting from the death. This includes damages for grief, sorrow, and mental suffering. It also includes punitive damages when applicable, though punitive damages are not available in cases involving healing art malpractice, legal malpractice, or actions against the state or a unit of local government.
What does “pecuniary injuries” mean in practice? It covers the financial losses your family suffers because of the death. This can include lost income and benefits the deceased would have earned, loss of guidance and companionship, loss of household services, and funeral and burial expenses. These are real, measurable losses that affect your family’s daily life.
Illinois also does not cap noneconomic damages in most wrongful death cases. Some states have a cap on damages that limit the amount of money plaintiffs can recover in a wrongful death action, particularly noneconomic damages, which include compensation for things like pain and suffering. Illinois does not impose such a cap in most wrongful death situations, which means your family may be entitled to full and fair compensation for your losses.
It is also worth knowing that the Illinois Survival Act (755 ILCS 5/27-6) may apply alongside the Wrongful Death Act. The Survival Act is also applied in cases where a person’s negligent or wrongful actions lead to another’s death. The Survival Act gives the victim’s family members the ability to file claims and recover financial compensation on behalf of the decedent through the establishment of an estate. Our abogado de muerte por negligencia team can evaluate both avenues of recovery for your family.
Why Decatur Families Choose Briskman Briskman & Greenberg
Decatur families dealing with a wrongful death face an uphill battle. Insurance companies and defense attorneys move quickly to limit their liability. You need a legal team that moves just as fast and fights just as hard. Briskman Briskman & Greenberg has been serving Illinois families for decades, and we take these cases personally.
Our firm handles wrongful death cases arising from car and truck accidents on roads like Route 36 and I-72, medical malpractice at local hospitals, workplace accidents, premises liability, and more. Whether the incident happened near downtown Decatur, along the Sangamon River, or anywhere in central Illinois, we are prepared to investigate, build a strong case, and advocate aggressively for your family.
We work on a contingency fee basis. That means you pay nothing unless we recover compensation for you. There are no upfront costs and no hourly fees. We believe every family deserves access to skilled legal representation, regardless of their financial situation. Our abogados de muerte por negligencia are ready to review your case at no cost to you.
We also understand that Decatur families may need to file their cases in Macon County Circuit Court or, depending on the circumstances, in Cook County or another Illinois venue. Our team is familiar with Illinois courts throughout the state and knows how to handle the procedural requirements that come with wrongful death litigation. If you are ready to talk, our Chicago abogado de lesiones personales team is available to speak with you today. Call Briskman Briskman & Greenberg and let us help your family take the first step toward justice.
FAQs About Decatur Wrongful Death Claims
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 the Illinois Wrongful Death Act (740 ILCS 180/2). There are limited exceptions, such as when a beneficiary is a minor child. Missing this deadline can permanently bar your family from recovering compensation, so contact an attorney as soon as possible.
Who can file a wrongful death claim in Illinois?
Under Illinois law, a wrongful death action must be filed by the personal representative of the deceased person’s estate. The compensation recovered goes to the surviving spouse and next of kin. The court distributes the award based on each family member’s level of dependency on the deceased person. Adopted children and adoptive parents are treated the same as biological family members under the law.
What types of damages can my family recover in a wrongful death case?
Your family may be entitled to compensation for pecuniary losses such as lost income, loss of companionship and guidance, loss of household services, and funeral and burial expenses. Illinois law also allows recovery for grief, sorrow, and mental suffering. In some cases, punitive damages may be available. Illinois does not cap noneconomic damages in most wrongful death cases, which can significantly increase the value of a claim.
Does contributory negligence affect a wrongful death claim in Illinois?
Yes, it can. Under Illinois law, if the deceased person was partially at fault for the incident that caused their death, the damages may be reduced in proportion to their share of fault. If a beneficiary’s own contributory fault is found to be more than 50% of the proximate cause of the death, that beneficiary may be barred from recovering damages. An attorney can help evaluate how fault issues might affect your specific case.
What is the difference between the Illinois Wrongful Death Act and the Illinois Survival Act?
The Illinois Wrongful Death Act (740 ILCS 180) allows the family to recover for their own losses caused by the death, such as lost financial support and emotional suffering. The Illinois Survival Act (755 ILCS 5/27-6) allows the estate to recover for damages the deceased person suffered before death, such as pain and suffering or medical bills incurred before passing. Both acts can sometimes apply in the same case, potentially increasing the total recovery available to the family.
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