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Springfield 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 wrongful actions, the pain runs even deeper. You deserve answers, and you deserve justice. At Briskman Briskman & Greenberg, we understand what families in the Chicago area face when tragedy strikes. Whether you are near the Magnificent Mile, the South Side, or commuting along I-290, our team is ready to help you take the right steps forward. If you believe your loved one’s death was caused by another party’s negligence, reach out to our Chicago abogado de lesiones personales team today for a free consultation.
Table of Contents
- What Is a Wrongful Death Claim Under Illinois Law?
- What Damages Can Your Family Recover?
- How Long Does Your Family Have to File in Illinois?
- Who Receives the Compensation From a Wrongful Death Case?
- Why Choose Briskman Briskman & Greenberg for Your Wrongful Death Case?
- FAQs About Springfield Wrongful Death Attorney in Chicago, IL
What Is a Wrongful Death Claim Under Illinois Law?
A wrongful death claim is a civil lawsuit. It holds a person, company, or other party responsible for a death caused by their wrongful act, neglect, or default. Illinois governs these cases under the Wrongful Death Act, found at 740 ILCS 180.
Illinois defines wrongful death as a death caused by another party’s neglect, default, or wrongful act. This rule is set in 740 ILCS 180. It allows your family to bring a civil claim when the person who passed away could have filed a personal injury lawsuit if they had survived. In plain terms, if your loved one had the right to sue while alive, your family now has the right to pursue a wrongful death case on their behalf.
The law is clear about who can file. Illinois requires that a wrongful death claim be filed by the personal representative of the deceased person’s estate. This requirement is set by 740 ILCS 180, and it determines who has the authority to bring the lawsuit. The personal representative may be named in a will or appointed by the court when no representative exists. This person is often a spouse, parent, or adult child. They file the claim on behalf of all eligible family members and manage the legal process from start to finish.
Common causes of wrongful death in the Chicago area include car and truck accidents on the Dan Ryan Expressway, medical malpractice at local hospitals, workplace accidents at construction sites near the Loop, and dangerous premises incidents. No matter how the death occurred, if someone else’s negligence played a role, the law gives your family a path to seek compensation. Our wrongful death lawyers at Briskman Briskman & Greenberg are here to help you understand that path from day one.
It is also important to know the difference between a wrongful death claim and a survival action. A wrongful death claim compensates your family for losses caused by the death. A survival action compensates the estate for damages the deceased person suffered before passing, such as pain and suffering or medical bills. Both claims are often filed together. An experienced attorney can help your family pursue both where the facts support it.
What Damages Can Your Family Recover?
One of the first questions families ask is: what can we actually recover? The answer depends on the facts of your case, but Illinois law allows for a wide range of damages. The goal is to give surviving family members fair and just compensation for what they have lost.
Illinois calculates wrongful death damages based on pecuniary loss, which means the measurable financial and personal impact caused by the death. This standard is set by the Illinois Wrongful Death Act and directs courts to evaluate the losses experienced by the surviving spouse and next of kin.
Illinois permits compensation for lost financial support, loss of companionship, and funeral or burial expenses. Since 2007, the statute also allows damages for grief and sorrow. These categories address both financial and emotional loss. This means your family is not limited to cold financial numbers. The law recognizes that losing a parent, spouse, or child causes real emotional suffering, and that suffering has value.
Pecuniary loss covers a broad range of items. Pecuniary injuries can include any money, goods, benefits, services, or society that you and other relatives would have received from the decedent. Society is defined as the mutual benefit family members receive from each other, including love, affection, attention, companionship, comfort, guidance, and protection.
For families with children, the law goes further. Surviving children can demand compensation for the loss of parental instruction, moral training, and other guidance that they would have received from the deceased parent. Children of any age can demand compensation for the wrongful death of a parent, but young children who will miss out on essential parenting might be able to demand more.
While Illinois generally has no statutory caps on damages in most wrongful death cases against private parties, there are specific statutory caps on damages under the Dram Shop Act for alcohol-related incidents. While the Illinois legislature has enacted damages caps on several occasions, each time they were found to be unconstitutional by the Supreme Court of Illinois. This means a jury can award what it genuinely believes is fair and just for your family’s loss. Our abogado de muerte por negligencia team fights to make sure every element of your loss is fully presented to the jury or negotiating table.
How Long Does Your Family Have to File in Illinois?
Time matters in a wrongful death case. Miss the deadline, and your family loses the right to pursue any compensation, no matter how strong the case is. Illinois sets strict time limits, and understanding them is critical.
Illinois requires most wrongful death claims to be filed within two years of the date of death. This rule appears in 740 ILCS 180/2 and acts as a strict filing deadline. If the claim is not filed on time, the court will dismiss it. That two-year clock starts ticking the day your loved one passes, not the day the accident or incident occurred.
Certain cases follow different timelines. Wrongful deaths involving medical malpractice use the deadlines set under the Illinois medical malpractice law. Cases involving criminal conduct may also follow extended time limits tied to the criminal prosecution. These exceptions exist because some claims require additional fact-finding before the civil case can begin.
There is also a special rule for minor children. Under 740 ILCS 180/2(f), if a person entitled to recover benefits under the Act is under 18 years of age at the time the cause of action accrued, they may bring the action within two years after reaching age 18. This protects young children who may not have an adult representative acting on their behalf right away.
Families near Wicker Park, Lincoln Park, or anywhere across the Chicago metro area should not wait. Evidence fades, witnesses move on, and records become harder to obtain. The sooner you speak with an attorney, the stronger your case will be. Our team at Briskman Briskman & Greenberg is ready to review your situation right away. Visit our page on the wrongful death lawsuit process in Illinois to learn more about what to expect at each stage.
Who Receives the Compensation From a Wrongful Death Case?
A common concern families have is who actually receives the money from a wrongful death settlement or verdict. Illinois law is clear about this. The funds are not for the estate in general. They go directly to the people who suffered the loss.
Illinois directs compensation to the surviving spouse and next of kin. This rule appears in the Wrongful Death Act and establishes who may legally receive the damages awarded through the claim. “Next of kin” generally includes children, parents, or close family members who had a meaningful relationship with the person who passed away.
The distribution is based on dependency. Under 740 ILCS 180/2(b), the court distributes the amount recovered in proportion to the percentage of dependency each surviving spouse or next of kin had on the deceased. A spouse and young children who relied heavily on the deceased for income and care will typically receive a larger share than a distant relative who had little contact.
What happens when there is no surviving spouse or next of kin? In that situation, the law provides for specific limited distributions. These can go toward hospitalization costs, medical or surgical services connected to the last illness or injury (up to $450 each under 740 ILCS 180/2(c)), and the costs of administering the estate, including a reasonable attorney’s fee.
Contributory negligence can also affect the outcome. Where the trier of fact finds that the contributory fault of a beneficiary on whose behalf the action is brought is more than 50% of the proximate cause of the wrongful death of the decedent, then the beneficiary shall be barred from recovering damages. If the fault is 50% or less, the damages are simply reduced in proportion to that fault. This is why having a skilled abogado de muerte por negligencia on your side matters. Defendants often try to shift blame onto the deceased to reduce what they owe your family.
Why Choose Briskman Briskman & Greenberg for Your Wrongful Death Case?
When you are dealing with grief, the last thing you want is to feel like just another case number. At Briskman Briskman & Greenberg, we treat every family with the care and attention they deserve. We have served Chicago families for decades, and we know the local courts, the Cook County Circuit Court system, and the unique challenges that come with Illinois wrongful death litigation.
We handle cases throughout the Chicago area, from the Near North Side and Pilsen to the suburbs along I-94 and beyond. Our team investigates every aspect of your loved one’s death. We gather police reports, medical records, witness statements, and expert opinions. We build the strongest possible case for your family.
Illinois wrongful death cases can involve many types of negligence. Car accidents on Lake Shore Drive, slip and falls at Millennium Park, workplace deaths at industrial facilities near the Calumet River, and nursing home neglect on the North Shore are all situations where families may have valid claims. No matter the circumstances, we take the time to understand your family’s specific loss.
Nuestra abogados de muerte por negligencia work on a contingency fee basis. That means you pay nothing unless we recover compensation for your family. There is no financial risk to calling us and discussing your case. We offer free consultations, and we are available to speak with you when you need us most.
You do not have to face this alone. If you lost a loved one due to someone else’s negligence anywhere in the Chicago area, including Springfield and surrounding communities, contact Briskman Briskman & Greenberg today. Let us handle the legal fight while you focus on your family.
FAQs About Springfield Wrongful Death Attorney in Chicago, IL
What qualifies as a wrongful death under Illinois law?
A wrongful death occurs when someone dies because of another party’s negligent, reckless, or intentional act. Under 740 ILCS 180, the key test is whether the deceased person could have filed a personal injury lawsuit if they had survived. If the answer is yes, your family likely has a valid wrongful death claim. Common examples include fatal car accidents, medical malpractice, defective products, and dangerous property conditions. An attorney can review the facts of your case and tell you whether you have a claim worth pursuing.
Who can file a wrongful death lawsuit in Illinois?
Under Illinois law, only the personal representative of the deceased person’s estate can file a wrongful death lawsuit. This representative is usually named in the deceased’s will. If there is no will, the probate court appoints someone, often a close family member like a spouse, parent, or adult child. The lawsuit is filed on behalf of the surviving spouse and next of kin, who are the ones entitled to receive any compensation awarded. If you are unsure whether you qualify, speak with an attorney as soon as possible.
How long do I have to file a wrongful death claim 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. If you miss this deadline, the court will almost certainly dismiss your case. There are limited exceptions, such as cases involving minors or certain criminal conduct. Medical malpractice cases may follow different timelines as well. Do not wait to find out which deadline applies to your situation. Contact Briskman Briskman & Greenberg right away for a free case review.
What types of damages can my family recover in a wrongful death case?
Illinois law allows families to recover for a wide range of losses. These include lost financial support, loss of companionship and society, grief and mental suffering, funeral and burial costs, and medical expenses related to the final illness or injury. The jury determines the amount based on what is fair and just given the evidence. There are no statutory caps on damages in most wrongful death cases against private parties in Illinois. Every family’s situation is different, so the value of your case depends on the specific facts and losses involved.
Does it matter if my loved one was partially at fault for the accident?
Partial fault does not automatically bar your family from recovering compensation. Under Illinois law, if the deceased person was partially at fault, the damages are reduced in proportion to their share of fault. However, if a beneficiary’s own contributory fault is found to be more than 50% of the cause of the wrongful death, that beneficiary may be barred from recovering. These fault determinations can be heavily contested, which is exactly why having an experienced abogado de muerte por negligencia matters. Briskman Briskman & Greenberg can help protect your family’s right to fair compensation even when the other side tries to shift blame.
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