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Arlington Heights Wrongful Death Attorneys
The loss of a loved one can turn an ordinary life into a seemingly never-ending season of trauma and difficult choices. This is especially true in cases where the negligence or wrongfulness of another caused a loved one’s death. While no amount of money can replace a loved one, compensation can provide the tools that families need to help rebuild their lives.
Illinois law allows individuals to pursue a wrongful death claim when a person or business causes the death of another through negligence. The experienced personal injury attorneys at Briskman Briskman & Greenberg can help you pursue a civil claim against the responsible parties. Our team can work with you to develop a comprehensive case and determine your rights and remedies.
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What Qualifies as a Wrongful Death in Illinois
Wrongful death claims are a viable course of action in cases when a person dies because of someone else’s wrongful, careless, or unlawful conduct, and that conduct would have supported a personal injury lawsuit if the decedent had lived. Although these cases might overlap with criminal cases, criminal charges or convictions are not a prerequisite to civil wrongful death claims. Instead, the primary question in these cases is whether the other party’s conduct caused a fatal outcome, and did it result in compensable harm to the surviving family?
Types of Wrongful Death Cases Briskman Briskman & Greenberg Handles
Fatal accident claims often begin with an incident that seems unavoidable; however, many fatal accidents stem from a preventable error.
Motor vehicle collisions on major routes, including high-speed impacts, left-turn crashes, and intersection failures. - Commercial truck or delivery vehicle incidents involving logbooks, training gaps, or unsafe schedules.
Pedestrian and bicycle strikes are tied to visibility issues, crosswalk conflicts, or distracted driving. Dangerous property conditions, including falls, inadequate lighting, unsafe maintenance, or negligent security. Work-related deaths involving third-party negligence, defective equipment, or unsafe site coordination. Defective products that fail during normal use and create catastrophic injury.
An attorney on our team can review the details of your case and determine the best course of action.
Arlington Heights Accident Data
Local data can also put risk into perspective, and those numbers can help you understand why careful investigation matters in everyday settings.
Statistics cannot explain your loved one’s life; yet, they can show how often fatal risk enters ordinary routines across Arlington Heights, Cook County, and Illinois. In the Arlington Heights 2022 city crash summary, the city recorded 1,097 total crashes, including 4 fatal crashes and 231 injury crashes, with 308 total injured people reported in that same period. Statewide, Illinois reported 1,241 traffic-related fatalities in 2023, reflecting how often roadway danger ends in irreversible loss.
Workplaces also carry risks that can lead to civil claims, especially when a non-employer created the hazard. The U.S. Bureau of Labor Statistics reported 145 fatal work injuries in Illinois during 2023. Public health trends can create another pathway to fatal harm when negligence plays a role, including in certain supervision, premises, or distribution scenarios, and the Cook County Medical Examiner’s Office confirmed 1,026 opioid overdose deaths for 2024 in preliminary data, with fentanyl involved in 87% of those deaths.
Numbers create a backdrop, while your case depends on what happened, who caused it, and what evidence proves accountability.
With that in mind, the next step is often deciding what to do right now, even when the situation still feels unreal.
Who Can File an Arlington Heights Wrongful Death Case
Illinois usually requires the estate’s personal representative to file the wrongful death lawsuit. That can catch families off guard because any recovery still goes to the surviving spouse and next of kin. The representative may be named in a will, or the probate court may appoint someone when there is no will, and that choice often affects how quickly the case can get off the ground and how the settlement gets handled.
The first few weeks can get messy for totally normal reasons. You are dealing with grief, funeral plans, and the reality of getting relatives on the same page. A lawyer can help you pin down who has legal authority, gather what you need for the appointment, and keep the claim moving while the estate paperwork catches up. That kind of guidance often keeps an already painful situation from turning into avoidable delays and confusion.
Once you know who has the right to file, it also makes more sense why Illinois often treats a fatal injury situation as two connected claims, not just one.
Two Claims Often Travel Together Under Illinois Law
Wrongful death damages commonly focus on the impact on the survivors, including the loss of a loved one’s companionship, guidance, support, and the disruption to family life. Survival damages can include the person’s pain, medical bills incurred before death, and other losses the person could have pursued if life had continued. A careful approach can present each category in a way that respects the person’s story while keeping the legal proof clean.
That distinction leads to the question families ask almost immediately: what compensation can actually cover.
While money cannot undo the trauma and tragedy, compensation can help reduce the financial burdens that the unnecessary human loss caused. Wrongful death damages are very case-specific. However, damage awards often depend on the egregiousness of the negligence, the relationship between the loved one and decedent, and the viability of evidence.
Strong claims usually include tangible financial losses and more subjective losses.
Economic categories often include lost financial support, lost household services, funeral and burial expenses, and medical costs incurred before death when the Survival Act applies. Non-economic categories can include grief, sorrow, loss of society, loss of companionship, and the loss of guidance and instruction a parent would have provided. Your evidence can come from records, work history, family testimony, and the daily realities the person handled that now fall on others.
A clear picture of the damage also helps you see why the cause of the fatal event matters, because different scenarios call for different evidence.
Focus on a short list of tasks that commonly help later:
- Get the incident report number and request copies when available;
- Save photos, messages, and any communication tied to the event;
- Keep receipts for funeral expenses and urgent out-of-pocket costs;
- Avoid giving recorded statements to insurers before you understand your rights; and
- Write down witness names and contact details while memories stay fresh.
These steps can create breathing room and help your lawyer start evidence preservation quickly.
After those basics, the real progress comes from building a case that holds up under scrutiny.
How Briskman Briskman & Greenberg Builds A Strong Arlington Heights Claim
A strong fatal injury claim usually comes from fast evidence preservation, careful liability analysis, and a damages presentation that matches real life. Your lawyer can gather time-sensitive items like surveillance footage, vehicle data, inspection logs, and employer records before they disappear. That work also helps identify all responsible parties, including individuals, businesses, contractors, and insurers who might share fault.
Case building often involves reconstructing the incident through records and expert analysis when appropriate, then connecting that proof to the legal elements required under Illinois statutes. Your legal team can also manage communications with insurers so you do not get boxed into a harmful narrative during an emotional time. A clear approach can keep the claim focused on accountability, safety, and the financial stability your family needs going forward.
That preparation sets the stage for the most important decision point, which is choosing counsel you trust to carry the burden with you.
Arlington Heights Wrongful Death Lawyers At Briskman Briskman & Greenberg
Choosing the right legal team can shape how your case develops, how insurers treat your claim, and how supported you feel while you grieve. Briskman Briskman & Greenberg offers compassionate, client-centered guidance paired with assertive advocacy, and you get direct communication rather than silence or confusion. Your situation stays unique, so the approach should fit your goals, your family structure, and the facts that matter most.
Many families worry about cost at the worst possible time, which is why contingency representation can remove that barrier by avoiding upfront legal fees. You deserve a team that listens carefully, explains options in plain language, and protects you from tactics that try to rush you into a low settlement. Reach out to discuss what happened, determine whether a civil claim is appropriate, and get a clear plan for next steps.
FAQS About Arlington Heights Wrongful Death Attorneys
How do you know whether a death qualifies as wrongful death in Illinois?
A claim usually exists when another party’s wrongful act, neglect, or default caused the death. The key issue is whether the facts would have supported an injury case if the person had survived. A lawyer can review records and explain whether the evidence supports liability.
Who files a wrongful death lawsuit for an Arlington Heights family?
In most cases, the estate’s personal representative has to file the case. However, an Illinois wrongful death attorney can help you determine who the representative and beneficiaries are.
Can you bring both a wrongful death claim and a Survival Act claim?
Many fatal accident cases involve claims under the state’s wrongful death and Survival Act laws.
How long do you have to file a wrongful death lawsuit in Illinois?
Wrongful death claims must usually be filed within two-years from the date of the death. However, there are a few limited exceptions to this rule depending on the facts of the case.
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