Nuestros abogados
Des Plaines 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 runs even deeper. You may be left wondering what comes next, how you will manage financially, and whether anyone will be held responsible. If your family member died due to another person’s negligence in or around Des Plaines, Illinois, you have legal rights worth knowing about. The team at Chicago abogado de lesiones personales Briskman Briskman & Greenberg is here to help you understand those rights and pursue the justice your family deserves.
Table of Contents
- What Is a Wrongful Death Claim in Illinois?
- Common Causes of Wrongful Death Near Des Plaines
- Who Can File and What Damages Are Available
- The Statute of Limitations: Do Not Wait to Act
- Why Families in Des Plaines Trust Briskman Briskman & Greenberg
- FAQs About Des Plaines Wrongful Death Claims
What Is a Wrongful Death Claim in Illinois?
A wrongful death claim is a civil lawsuit filed on behalf of a person who died due to someone else’s negligent, reckless, or intentional act. Illinois governs these claims through the Wrongful Death Act, found at 740 ILCS 180. Under Section 1 of that Act, whenever a death is caused by a wrongful act, neglect, or default, the party who would have been liable had the person survived remains liable after death. That means the responsible party cannot escape accountability just because the victim did not survive.
Think about what that means for your family. If your loved one had survived a car crash on I-294 near Des Plaines, they could have sued the at-fault driver. Under Illinois law, your family keeps that same right even though your loved one did not survive. The claim simply shifts to the estate’s personal representative, who files on behalf of the surviving spouse and next of kin.
Des Plaines sits in Cook County, a densely populated area with busy roads like Touhy Avenue, Lee Street, and the Tri-State Tollway running through it. Heavy traffic, commercial trucking routes, and industrial corridors near O’Hare International Airport all create conditions where fatal accidents can and do happen. When they result from negligence, a wrongful death claim may be the only path to real accountability.
Illinois also recognizes punitive damages in wrongful death cases under 740 ILCS 180/1, when the conduct is especially egregious. These are meant to punish the wrongdoer, not just compensate the family. Understanding how the law works is the first step toward protecting your family’s future. Our wrongful death lawyers at Briskman Briskman & Greenberg can walk you through every detail.
Common Causes of Wrongful Death Near Des Plaines
Wrongful deaths happen in many ways. Some are sudden, and others follow a period of medical treatment or hospitalization. No matter the cause, Illinois law gives your family the right to seek compensation when someone else’s actions played a role. Here are some of the most common situations that lead to wrongful death claims in the Des Plaines area.
Car and truck accidents are among the most frequent causes. The stretch of I-90 and the Tri-State Tollway near Des Plaines sees heavy commercial truck traffic daily, especially given the proximity to O’Hare. A distracted or fatigued truck driver can cause a fatal collision in seconds. Families who lose someone in these crashes often face enormous financial and emotional burdens on top of their grief.
Medical malpractice is another common cause. Hospitals and clinics in and around Cook County handle millions of patients each year. When a doctor, nurse, or facility makes a preventable error, such as a missed diagnosis, a surgical mistake, or a medication error, and a patient dies as a result, the family may have a wrongful death claim. The same goes for nursing home neglect, which is a growing concern across suburban Cook County.
Workplace accidents also lead to wrongful death claims. Illinois allows civil wrongful death actions in certain workplace death situations, particularly when a third party other than the employer caused the fatal injury. Premises liability cases, such as a fatal fall at a commercial property near River Road or Mannheim Road in Des Plaines, can also give rise to a claim. Our team reviews every case carefully to identify who was responsible and how to hold them accountable.
Who Can File and What Damages Are Available
Under 740 ILCS 180/2, a wrongful death action must be brought by the personal representative of the deceased person’s estate. That representative files on behalf of the surviving spouse and next of kin. The damages recovered go to those family members, not to the estate itself. The court then distributes the award based on each family member’s level of dependency on the deceased.
So what can your family actually recover? Illinois law allows the jury to award damages it finds to be fair and just compensation. That includes both economic and non-economic losses. Economic damages cover things like lost wages and income the deceased would have earned, medical bills incurred before death, and funeral and burial costs. Non-economic damages include grief, sorrow, and mental suffering experienced by the surviving spouse and next of kin.
Punitive damages may also be available when the conduct causing the death was especially willful or reckless. However, punitive damages are not available in cases involving healing art malpractice, legal malpractice, or actions against the state or local government. An experienced abogado de muerte por negligencia can help you understand which categories of damages apply in your specific case.
Keep in mind that contributory fault matters under Illinois law. If the deceased was found to be partially at fault, the damages awarded may be reduced. If the deceased’s fault exceeded 50%, recovery may be barred. The same rules apply to individual beneficiaries. Our attorneys know how to build a strong case that addresses fault arguments head-on and protects your family’s right to fair compensation.
The Statute of Limitations: Do Not Wait to Act
Time is one of the most critical factors in any wrongful death case. Illinois law sets a strict deadline for filing. In most cases, you have two years from the date of your loved one’s death to file a wrongful death lawsuit. If you miss that deadline, the court will dismiss your case, and you lose your right to seek compensation entirely. That is a hard rule with very few exceptions.
There are some situations where the timeline differs. If your loved one died as a result of violent intentional conduct, the filing period may extend to five years. There are also special rules for minors. Under 740 ILCS 180/2(f), if a person entitled to recover benefits was under 18 at the time the cause of action arose, they may bring an action within two years after turning 18. Cases involving government entities may have shorter notice requirements, sometimes as little as one year.
Why does this matter so much for families in Des Plaines? Because grief takes time. Families are often focused on funeral arrangements, managing finances, and trying to hold things together. Legal deadlines can slip by before anyone realizes it. By the time a family is ready to think about a lawsuit, months may have already passed.
Do not let the clock run out on your family’s claim. Reaching out to an abogado de muerte por negligencia as soon as possible protects your rights and gives your legal team time to gather evidence, interview witnesses, and build the strongest possible case. Briskman Briskman & Greenberg is ready to talk with you now.
Why Families in Des Plaines Trust Briskman Briskman & Greenberg
Briskman Briskman & Greenberg has been serving injured families across the Chicago area for decades. Our firm handles wrongful death cases throughout Cook County and the surrounding region, including Des Plaines, Park Ridge, Rosemont, Elk Grove Village, and communities near O’Hare Airport. We know the local courts, we understand Illinois law, and we are committed to fighting for every family we represent.
Cases filed in Cook County are typically handled at the Richard J. Daley Center in downtown Chicago or the Skokie Courthouse in the northern suburbs. Our attorneys are familiar with both venues and know how to present a wrongful death case effectively in each setting. That local knowledge matters when your family’s future is on the line.
We handle wrongful death cases on a contingency fee basis. That means you pay nothing unless we recover compensation for your family. There are no upfront costs and no hourly fees. We take on the financial risk so your family can focus on healing. Our team investigates the accident, gathers medical records, consults with experts, and handles all communication with insurance companies and opposing counsel.
We also work closely with families in neighboring communities. Whether you are in Des Plaines or looking for a abogado de muerte por negligencia in Arlington Heights, or you need abogados de muerte por negligencia in Lake County, Briskman Briskman & Greenberg has the reach and the resources to help. Call us today for a free consultation. We are here to listen, to answer your questions, and to stand by your family every step of the way.
FAQs About Des Plaines Wrongful Death Claims
Who has the right to file a wrongful death lawsuit in Illinois?
Under 740 ILCS 180/2, the personal representative of the deceased person’s estate files the wrongful death lawsuit. This person is often a spouse, parent, or adult child. They file on behalf of the surviving spouse and next of kin, and any compensation recovered is distributed among those family members based on their level of dependency on the deceased.
How long do I have to file a wrongful death claim in Des Plaines?
In most cases, you have two years from the date of your loved one’s death to file a wrongful death lawsuit in Illinois. Some exceptions apply, such as cases involving violent intentional conduct, which may allow up to five years. Cases involving minors also have special rules. Because deadlines can be complicated, it is important to speak with an attorney as soon as possible after the loss.
What types of compensation can my family recover in a wrongful death case?
Illinois law allows your family to seek compensation for economic losses like lost wages, medical bills incurred before death, and funeral costs. You can also seek non-economic damages for grief, sorrow, and mental suffering. In cases involving especially reckless or willful conduct, punitive damages may also be available, though they are not permitted in all types of wrongful death cases.
What if my loved one was partially at fault for the accident that caused their death?
Illinois follows a modified comparative fault rule. If the deceased was found to be 50% or less at fault, the damages awarded are reduced in proportion to their share of fault. If the deceased’s fault exceeded 50%, recovery may be barred entirely. Individual beneficiaries may also have their share of damages reduced or eliminated based on their own contributory fault. An attorney can help you understand how fault might affect your specific case.
Does it cost anything to speak with Briskman Briskman & Greenberg about a wrongful death case?
No. Briskman Briskman & Greenberg offers free consultations for wrongful death cases. The firm also handles these cases on a contingency fee basis, which means you pay no attorney fees unless the firm recovers compensation for your family. There are no upfront costs, so your family can get legal help without any financial pressure during an already difficult time.
More Resources About Personal Injuries
VISTO EN:
