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Des Plaines Fatal Car Accident Lawyer
Losing someone in a fatal car accident is one of the most devastating things a family can go through. The grief is immediate and overwhelming. But on top of the emotional pain, families in Des Plaines often face serious financial pressure, too. Medical bills, funeral costs, and lost income can pile up fast. If someone else’s negligence caused the crash, Illinois law gives your family the right to pursue justice. At Briskman Briskman & Greenberg, we understand what is at stake for your family, and we are here to help you every step of the way.
Table of Contents
- Fatal Car Accidents in Des Plaines and the Chicago Area
- Illinois Law and Your Right to File a Wrongful Death Claim
- Who Can Be Held Responsible After a Fatal Crash?
- Illinois Hit-and-Run Laws and What They Mean for Your Case
- Why Families in Des Plaines Trust Briskman Briskman & Greenberg
- FAQs About Des Plaines Fatal Car Accident Claims
Fatal Car Accidents in Des Plaines and the Chicago Area
Des Plaines sits in Cook County, just northwest of Chicago, and its roads see heavy traffic every day. Major corridors like Mannheim Road, Dempster Street, Touhy Avenue, and the Tri-State Tollway (I-294) cut through the city and carry thousands of vehicles daily. That volume creates real danger. Intersections near O’Hare International Airport and the busy commercial strips along Lee Street and Oakton Street are particularly prone to serious crashes.
In 2024, there were 303,913 crashes involving motor vehicles in Illinois. Injury crashes accounted for 20.8% of these crashes (63,109), while fatal crashes (1,085) accounted for less than 1.0% of total crashes. Those numbers represent real families, real losses, and real devastation. Crashes involving speed accounted for 45.3% of fatal crashes in 2024. Distracted driving, drunk driving, and failure to yield are also common causes of deadly collisions in and around Des Plaines.
The total estimated cost of crashes in Illinois for 2024 was $8.3 billion. That figure captures economic losses, but it does not begin to measure the human cost. When a loved one dies on Golf Road, on I-294 near the Dempster Street interchange, or anywhere in the Des Plaines area, the family left behind deserves answers and accountability. A Chicago fatal car accident lawyer from Briskman Briskman & Greenberg can investigate what happened and help your family pursue the compensation you deserve.
Fatal crashes in the Des Plaines area have involved multi-vehicle collisions on I-294, pedestrian fatalities on Golf Road, and intersection crashes near busy shopping and business districts. One driver died and three others were injured following a multi-vehicle crash on the Tri-State Tollway (Interstate 294) in Des Plaines. These tragedies remind us that dangerous roads and reckless drivers can take lives in an instant.
Illinois Law and Your Right to File a Wrongful Death Claim
Illinois law is clear on this point. If someone dies because of another person’s negligence, the surviving family has the right to seek compensation. The Illinois Wrongful Death Act (740 ILCS 180/1) states that when a death is caused by a wrongful act, neglect, or default, the party who would have been liable if death had not occurred remains liable for damages, including punitive damages when applicable. This law was designed to protect families like yours.
Who can file? The Illinois Wrongful Death Act requires any wrongful death lawsuit to be filed in the names of the personal representatives of the estate. This could be the person named in your loved one’s last will and testament, or the court could appoint a person specifically to carry out this responsibility. While the personal representative files the lawsuit, any damages are awarded for the benefit of the surviving spouse and the decedent’s next of kin, such as their children or parents.
What can you recover? A wrongful death claim can include compensation for loss of financial support, loss of companionship, grief and sorrow, funeral and burial expenses, and medical bills incurred before death. You can seek reimbursement of medical expenses and funeral costs, as well as compensation for loss of future earnings, loss of love and support, loss of services such as child care or household help, and even pain and suffering.
Time is critical. The wrongful death deadline is 2 years from the date of death, not the date of injury, under the Illinois Wrongful Death Act (740 ILCS 180/2). Missing that deadline can cost your family the right to recover anything at all. Contact a Chicago car accident attorney at Briskman Briskman & Greenberg as soon as possible to protect your rights.
Who Can Be Held Responsible After a Fatal Crash?
One of the most important questions after a fatal car accident is: who is legally responsible? The answer is not always just the driver. Illinois law allows families to pursue claims against multiple parties, depending on the facts of the crash. Understanding who may be liable can make a significant difference in the amount of compensation your family receives.
Potentially responsible parties in a Des Plaines fatal car accident case can include:
- Negligent drivers who were speeding, distracted, or impaired at the time of the crash
- Employers of commercial drivers, if the driver was working at the time of the crash
- Vehicle manufacturers, if a defective part contributed to the collision
- Government entities, if a dangerous road condition or poor signage played a role
- Other third parties, such as cargo loaders or maintenance contractors
Illinois follows modified joint and several liability rules under 735 ILCS 5/2-1117. Under this law, all defendants found liable are jointly and severally liable for a plaintiff’s past and future medical and medically related expenses. Any defendant whose share of fault is 25% or greater is jointly and severally liable for all other damages, too. This matters because it means a family may be able to recover full compensation even if one defendant cannot pay their full share.
Want to know more about how fault is assigned after a crash? Our car accident responsibility FAQ walks through the key factors Illinois courts consider. Every case is different, and the team at Briskman Briskman & Greenberg will carefully investigate all potential sources of liability to build the strongest possible case for your family.
Illinois Hit-and-Run Laws and What They Mean for Your Case
What happens when the driver who caused the fatal crash flees the scene? Under Illinois law, that is a serious crime with major consequences. Under 625 ILCS 5/11-401, the driver of any vehicle involved in a crash resulting in death or personal injury must immediately stop at the scene and remain there until legal requirements are fulfilled. Any driver who fails to stop commits a Class 4 felony. If the driver also fails to report the crash, that becomes a Class 1 felony when the crash resulted in a death.
Hit-and-run crashes happen in Des Plaines and across the Chicago metro area. They can occur on busy stretches of Mannheim Road, on residential streets near Oakton Community College, or along the Cumberland corridor. When the at-fault driver flees, families feel an extra layer of injustice. But a criminal conviction is not required for your family to pursue a civil wrongful death claim.
In a hit-and-run case, your attorney will work to identify the responsible driver through traffic cameras, witness statements, cell phone data, and accident reconstruction. Even if the driver is never found, your family may still have options through uninsured motorist coverage. Illinois law under 625 ILCS 5/7-601 requires all registered vehicles to carry liability insurance. If the at-fault driver had no insurance or cannot be identified, your own policy’s uninsured motorist coverage may provide a path to compensation.
The attorneys at Briskman Briskman & Greenberg know how to pursue these cases aggressively. Whether the at-fault driver is identified or not, we will fight to make sure your family is not left without recourse. Reach out to a Wheeling fatal car accident lawyer or our Des Plaines team to discuss your options today.
Why Families in Des Plaines Trust Briskman Briskman & Greenberg
When you lose a loved one in a fatal car accident, you need a legal team that treats your family with respect and fights hard on your behalf. Briskman Briskman & Greenberg has been serving families across the Chicago area for decades. We handle fatal car accident cases throughout Cook County, including in Des Plaines, Park Ridge, Rosemont, and neighboring communities. Our office is accessible to families throughout the northwest suburbs and the broader metro area.
We handle every aspect of your case so you can focus on your family. That includes gathering evidence from the crash scene, working with accident reconstruction experts, reviewing police reports from the Des Plaines Police Department, and dealing with insurance companies that may try to minimize or deny your claim. Insurance companies have teams of lawyers working to protect their bottom line. You deserve a team that is just as committed to protecting yours.
Cases involving fatal accidents filed in Cook County are often handled through the Circuit Court of Cook County, located at the Richard J. Daley Center in downtown Chicago. Our attorneys know this courthouse and the procedures involved in litigating wrongful death claims here. We also handle cases that may be filed in other venues depending on where the crash occurred and where the defendants are located. If your loved one was killed in a crash near Joliet or other parts of the region, our Joliet fatal accident lawyer team is also available to help.
We work on a contingency fee basis. That means you pay nothing unless we recover compensation for your family. There is no financial risk in reaching out to us. As a Chicago personal injury lawyer firm with a long track record, Briskman Briskman & Greenberg is ready to stand by your family through this difficult time. Call us today for a free consultation.
FAQs About Des Plaines Fatal Car Accident Claims
How long do I have to file a wrongful death lawsuit in Illinois after a fatal car accident in Des Plaines?
In Illinois, you generally 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). Missing this deadline can permanently bar your family from recovering any compensation, no matter how strong your case is. Some limited exceptions exist, such as when the deceased’s next of kin is a minor. Because these deadlines are strict, you should contact an attorney as soon as possible after the accident.
Who has the right to file a wrongful death claim after a fatal car accident in Des Plaines?
Under Illinois law, the personal representative of the deceased’s estate must file the wrongful death lawsuit. The compensation recovered, however, goes to the benefit of the surviving spouse and next of kin, such as children or parents. If no personal representative has been named, a court can appoint one. The attorneys at Briskman Briskman & Greenberg can help your family understand this process and make sure the right person is in place to file the claim.
What damages can my family recover in a Des Plaines fatal car accident case?
Your family may be able to recover a wide range of damages. These can include compensation for lost financial support, loss of companionship and guidance, grief and sorrow, funeral and burial expenses, and medical bills your loved one incurred before passing. In some cases, punitive damages may also be available under the Illinois Wrongful Death Act when the at-fault party’s conduct was especially reckless or intentional. Every case is unique, so speaking with an attorney is the best way to understand what your family may be entitled to.
What if the driver who caused the fatal crash in Des Plaines fled the scene?
A hit-and-run does not eliminate your family’s legal options. Illinois law treats leaving the scene of a fatal crash as a serious felony under 625 ILCS 5/11-401. Your attorney can investigate the crash using surveillance footage, witness accounts, and accident reconstruction to identify the at-fault driver. If the driver cannot be found or had no insurance, your family may still be able to recover compensation through uninsured motorist coverage under your own auto insurance policy. Briskman Briskman & Greenberg will explore every available avenue for your family.
Can multiple parties be held responsible for a fatal car accident in Des Plaines?
Yes. Illinois law allows families to pursue claims against multiple at-fault parties. Depending on the circumstances, this could include a negligent driver, their employer, a vehicle manufacturer, or even a government entity responsible for road conditions. Under Illinois joint and several liability rules (735 ILCS 5/2-1117), defendants who are found 25% or more at fault can be held jointly and severally liable for all damages. This means your family may be able to recover full compensation even if one responsible party cannot pay their share. An attorney can identify all potentially liable parties and build the strongest possible case for your family.
More Resources About Vehicle Injuries
- Dangerous Roads & Intersections in Des Plaines
- Des Plaines Bicycle Accident Lawyer
- Des Plaines Car Accident Lawyer
- Des Plaines Distracted Driving Accident Lawyer
- Des Plaines Drunk Driving Accident Lawyer
- Des Plaines Motorcycle Accident Lawyer
- Des Plaines Pedestrian Accident Lawyer
- Des Plaines Truck Accident Attorney
- Des Plaines Uber Accident Lawyer
- Des Plaines Lyft Accident Lawyer
- Des Plaines Uninsured Motorist Accident Lawyer
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