Our Lawyers
Aurora, IL Wrongful Death Attorney
Losing someone you love 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 worse. You may be left with unanswered questions, mounting bills, and no idea where to turn. If your family is dealing with this kind of loss in Aurora or the greater Chicago area, you have legal rights. The team at Briskman Briskman & Greenberg is ready to help you understand those rights and fight for the justice your family deserves.
Table of Contents
- What Is a Wrongful Death Claim Under Illinois Law?
- Who Can File a Wrongful Death Lawsuit in Illinois?
- What Damages Can Your Family Recover?
- The Statute of Limitations: Do Not Wait Too Long
- Why Families in Aurora Trust Briskman Briskman & Greenberg
- FAQs About Aurora, IL Wrongful Death Claims
What Is a Wrongful Death Claim Under Illinois Law?
Illinois law gives families a legal path to seek justice when a loved one dies because of someone else’s wrongful act, neglect, or default. This path is known as a wrongful death claim, and it is governed by the wrongful death lawyers framework established under the Illinois Wrongful Death Act (740 ILCS 180).
The Illinois Wrongful Death Act (740 ILCS 180) applies in cases where the death of a person is caused by another’s “wrongful act, neglect, or default.” The act helps the victim’s family members recover financial compensation for the damages they incurred due to their loved one’s death, such as lost income and emotional suffering.
Think of it this way. If your loved one had survived a car accident caused by a negligent driver, they could have sued that driver for their injuries. Illinois defines wrongful death as a death caused by another party’s negligence, 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 survived. Because they did not survive, the law allows their family to step in and pursue that claim on their behalf.
The types of incidents that can give rise to a wrongful death claim are wide-ranging. 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 such as anesthesia malpractice or bad drug prescriptions, personal injuries including workplace injury and premise liability, criminal behavior such as assault, battery, and intentional torts, and deaths in nursing homes, daycares, and other care facilities.
Aurora is a large and active city in Kane County, just about 40 miles west of downtown Chicago along the I-88 corridor. With busy roadways, active industrial areas, and a growing population, serious and fatal accidents do happen here. If your family has been affected, reaching out to a Chicago personal injury lawyer with wrongful death experience is a critical first step.
Who Can File a Wrongful Death Lawsuit in Illinois?
One of the first questions families ask is who actually has the right to file a wrongful death claim. Illinois law is clear on this point. 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.
Under Section 2 of the Illinois Wrongful Death Act, the damages recovered are for the benefit of the surviving spouse and next of kin. The law also makes clear that “next of kin” includes adopting parents and adopted children, who are treated the same as natural parents and natural children. This is an important protection for many modern families.
Once damages are awarded, they are not simply split equally. The distribution of damages in wrongful death cases is specifically outlined in the Illinois Wrongful Death Act. It considers the relationship and dependency of the survivors on the deceased. The court looks at how much each surviving family member depended on the deceased person and distributes the award accordingly.
If a surviving family member is a minor under the age of 18 at the time the cause of action arises, they have additional time protections under the law. For the purposes of Section 2, next of kin includes an adopting parent and an adopted child, and they shall be treated as a natural parent and a natural child, respectively. However, if a person entitled to recover benefits under this Act is, at the time the cause of action accrued, within the age of 18 years, he or she may cause such action to be brought within 2 years after attainment of the age of 18.
If you are unsure whether you qualify to bring a claim, speaking with a wrongful death attorney can clarify your options quickly.
What Damages Can Your Family Recover?
Many families worry about whether a lawsuit can truly make a difference. While no amount of money can replace a person you love, Illinois law does allow families to seek meaningful compensation for the losses they have suffered. The Illinois Wrongful Death Act provides for “fair and just” damages, and those damages cover both financial and emotional losses.
Damages can include loss of financial support the decedent would have provided, including lost earnings, gifts, and inheritance, loss of consortium meaning the loss of affection, society, and companionship, and in the case of a surviving spouse, the loss of a sexual relationship with the decedent, loss of instruction, education, and moral training the decedent would have provided to surviving children, and punitive damages meant not to compensate survivors for their losses but to punish extreme or outrageous misconduct are available in an Illinois wrongful death case.
The 2023 amendments to the Illinois Wrongful Death Act, which took effect under Public Act 103-514, also clarified the availability of punitive damages in certain wrongful death cases. Under Section 1 of the Act, the person or company that would have been liable had the victim survived is now liable for damages including punitive damages when applicable, even though the victim has died. This is a meaningful protection for families dealing with particularly reckless or intentional conduct.
Since 2015, the statute also allows damages for grief and sorrow. These categories address both financial and emotional loss. So if you lost a parent, a spouse, or a child, the law recognizes that your grief itself has legal value.
Factors that affect the total amount of compensation can include the deceased person’s age, their earning history, the number of dependents they supported, and the circumstances of the death itself. An experienced wrongful death attorney can help your family identify every category of damages available under Illinois law and build a strong case to support them.
The Statute of Limitations: Do Not Wait Too Long
Time is one of the most critical factors in any wrongful death case. Illinois law sets firm deadlines for when a claim must be filed, and missing those deadlines can mean losing your right to any compensation at all. This is not a technicality you can work around after the fact.
In Illinois, the statute of limitations for wrongful death cases is typically two years from the date of death but can extend to five years in cases involving violent intentional conduct. That two-year window may feel like a long time when you are grieving, but it passes faster than most families expect. Building a strong case takes time, including gathering evidence, consulting experts, and identifying all responsible parties.
There are also situations where different timelines apply. Most wrongful death claims must be filed within two years of the date of death under 740 ILCS 180/2. Cases involving medical malpractice or criminal acts may follow different timelines. Courts dismiss claims filed after the deadline. That last point is worth repeating. Courts do not make exceptions simply because a family was unaware of the deadline. Once time runs out, the claim is gone.
There is also the matter of investigation. Wrongful death cases often require reconstructing accidents, obtaining medical records, securing witness statements, and working with expert witnesses. None of that can be done overnight. If the death occurred near a busy stretch of Route 59 in Aurora, on the Fox Valley Parkway, or anywhere along the I-88 corridor, evidence from the scene may disappear quickly. Acting fast protects your case.
Families in Aurora can also file their cases in the Kane County Circuit Court at 100 S. Third Street in Geneva, which serves as the county seat. A wrongful death lawyer familiar with the local courts and Illinois procedural rules can make sure your case is filed correctly and on time.
Why Families in Aurora Trust Briskman Briskman & Greenberg
When your family is facing the aftermath of a wrongful death, you need a legal team that takes your case seriously from day one. Briskman Briskman & Greenberg has been helping families across the Chicago area, including those in Aurora and Kane County, hold negligent parties accountable for serious harm. The firm handles wrongful death cases arising from car accidents, truck accidents, medical malpractice, workplace accidents, nursing home negligence, and more.
Aurora is a vibrant city with beloved landmarks like Phillips Park, the Paramount Theatre on Galena Boulevard, and the Fox River Trail. It is also a city with real traffic risks, active construction zones, and busy medical facilities. Accidents happen, and when they turn fatal because of someone else’s failure to act responsibly, families deserve answers and accountability.
Briskman Briskman & Greenberg works on a contingency fee basis, which means you pay nothing unless your family recovers compensation. There are no upfront costs and no hourly fees. Your family can focus on healing while the legal team handles the investigation, the paperwork, and the negotiations with insurance companies and defense attorneys.
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. Briskman Briskman & Greenberg understands how to pursue both types of claims simultaneously to maximize what your family can recover.
Whether your family is in Aurora, Naperville, Oswego, or anywhere in the surrounding area, the wrongful death attorneys at Briskman Briskman & Greenberg are ready to listen. Call today for a free consultation and let the firm help you understand your options under Illinois law.
FAQs About Aurora, IL Wrongful Death Claims
Who has the legal right to file a wrongful death lawsuit in Illinois?
Under the Illinois Wrongful Death Act (740 ILCS 180), the personal representative of the deceased person’s estate files the lawsuit. This person is often a spouse, parent, or adult child. They file on behalf of the surviving spouse and next of kin. If no personal representative is named in a will, the court can appoint one. The recovery goes to the surviving spouse and next of kin based on their level of dependency on the deceased.
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 in Illinois. If the death resulted from violent intentional conduct, that window can extend to five years. Cases involving medical malpractice or government employees may follow different rules. Missing the deadline typically means losing your right to file entirely, so it is important to speak with an attorney as soon as possible.
What types of damages can my family recover in a wrongful death case?
Illinois law allows families to recover both economic and non-economic damages. Economic damages include lost wages, lost future earnings, medical bills incurred before death, and funeral expenses. Non-economic damages cover grief, sorrow, mental suffering, and loss of companionship. In cases involving especially reckless or intentional conduct, punitive damages may also be available under the 2023 amendments to the Illinois Wrongful Death Act.
Can a wrongful death claim still succeed if my loved one was partly at fault?
Yes, under Illinois law a wrongful death claim can still move forward even if the deceased person shared some responsibility for what happened. However, the amount of compensation may be reduced in proportion to their share of fault. If the deceased person is found to be more than 50% at fault, the claim may be barred. A wrongful death attorney can review the facts of your case and help you understand how fault might affect your recovery.
Does it cost anything to talk to Briskman Briskman & Greenberg about a wrongful death case?
No. Briskman Briskman & Greenberg offers free consultations for wrongful death cases. The firm also works on a contingency fee basis, meaning you pay no attorney fees unless your family recovers compensation. There are no upfront costs. You can speak with the team, get honest answers about your case, and decide how you want to proceed without any financial pressure.
More Resources About Personal Injuries
SEEN ON:
