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Evanston Wrongful Death Attorney
Losing someone you love is one of the hardest things a family can go through. When that loss is caused by someone else’s carelessness or wrongdoing, the grief can feel unbearable. You may be left wondering what your rights are and whether the law can help you hold the responsible party accountable. If you lost a loved one in or around Evanston, Illinois, the answer is yes. Illinois law gives surviving family members the right to pursue a wrongful death claim, and Briskman Briskman & Greenberg is here to help you every step of the way. As a trusted Chicago personal injury lawyer firm serving the greater Chicago area, including Evanston and all of Cook County, we understand what families are going through and we are committed to fighting 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?
- Time Limits for Filing a Wrongful Death Claim in Evanston
- How Briskman Briskman & Greenberg Fights for Evanston Families
- FAQs About Evanston Wrongful Death Claims
What Is a Wrongful Death Claim Under Illinois Law?
A wrongful death claim is a civil lawsuit filed when someone dies because of another party’s negligent, reckless, or intentional act. Under the Illinois Wrongful Death Act (740 ILCS 180), if the deceased person would have had the right to sue for personal injury had they survived, their family now has the right to bring a wrongful death action. This is a powerful legal protection for families who have suffered a devastating loss.
The law covers a wide range of situations. Think about a driver running a red light on Green Bay Road in Evanston and killing a pedestrian crossing near Northwestern University’s campus. Or consider a patient who dies because a doctor at a local hospital made a serious medical error. These are exactly the kinds of cases the Illinois Wrongful Death Act was designed to address. Other common causes include workplace accidents, nursing home neglect, defective products, and premises liability incidents on properties along Chicago Avenue or the lakefront.
Under Section 1 of 740 ILCS 180, the party who would have been liable for injuries if the victim had survived remains liable after death. That means the responsible party cannot escape accountability simply because the victim did not survive. The law also allows for punitive damages in certain cases, which are designed to punish especially reckless or outrageous conduct.
Our wrongful death lawyers at Briskman Briskman & Greenberg know this law inside and out. We serve families throughout Evanston, Rogers Park, Skokie, and the entire North Shore. If you believe your loved one’s death was caused by someone else’s wrongdoing, call us today for a free consultation.
Who Can File a Wrongful Death Lawsuit in Illinois?
One of the first questions families ask is who has the legal right to file. Under Illinois law, the lawsuit must be brought by the personal representative of the deceased person’s estate. This is spelled out clearly in Section 2 of the Illinois Wrongful Death Act (740 ILCS 180/2). The personal representative is often a surviving spouse, parent, or adult child. If no representative was named in a will, the court can appoint one.
The personal representative files the claim on behalf of all eligible family members, including the surviving spouse and next of kin. This structure keeps everything organized and prevents multiple lawsuits being filed for the same death. The compensation recovered is then distributed among the surviving spouse and next of kin based on each person’s level of dependency on the deceased, as determined by the court.
It is important to know that adopted children and adoptive parents are treated the same as biological relatives under the statute. So if your family includes adopted members, they are fully protected under Illinois law.
What if the deceased was a minor? The law provides an exception. If a person entitled to bring a claim was under 18 years old when the cause of action arose, they have two years after turning 18 to file. This protects young family members who may not have been able to act on their own.
Understanding who can file is a critical first step. Our team at Briskman Briskman & Greenberg can review your family’s situation and help identify the proper personal representative so your claim moves forward correctly. Contact our wrongful death attorney team today to learn more about your options.
What Damages Can Your Family Recover?
When a loved one is taken too soon due to someone else’s fault, your family suffers in more ways than one. Illinois law recognizes this. Under 740 ILCS 180/2(a), the jury may award damages that are fair and just compensation for the pecuniary injuries caused by the death. This includes compensation for grief, sorrow, and mental suffering, as well as financial losses.
So what does that mean in real terms? Your family may be entitled to recover lost financial support your loved one would have provided over their lifetime. This includes lost wages, benefits, and future earning potential. If your loved one was the primary income earner for your household near the Dempster Street corridor or anywhere in the Evanston area, this loss can be enormous. The law also allows recovery for loss of companionship and the guidance, instruction, and moral training the deceased would have provided to their children.
Funeral and burial expenses are also recoverable. These costs add up quickly and should not fall on a grieving family when someone else is at fault. Medical bills incurred before the death may be recovered through a companion claim called the Illinois Survival Act (755 ILCS 5/27-6), which can be filed alongside the wrongful death claim.
In cases involving extreme or outrageous conduct, punitive damages may also be available. However, punitive damages are not available in medical malpractice or legal malpractice cases, or in actions against the state or a unit of local government, as specified in the statute.
Every family’s situation is different, and the amount of compensation depends on many factors, including the age of the deceased, their earning history, and the extent of the family’s dependence on them. Our wrongful death attorney team at Briskman Briskman & Greenberg will work hard to calculate the full value of your loss and pursue every dollar your family is owed.
Time Limits for Filing a Wrongful Death Claim in Evanston
Time matters a great deal in wrongful death cases. Illinois law sets strict deadlines for filing, and missing them can cost your family the right to seek compensation entirely. Under the Illinois Wrongful Death Act (740 ILCS 180/2(d)), most wrongful death claims must be filed within two years of the date of death. This is a firm deadline, and courts will dismiss cases filed after it expires.
There are exceptions worth knowing. If the death resulted from violent intentional conduct, the filing window extends to five years from the date of death. Additionally, if the responsible party is charged with certain criminal offenses, including first degree murder, second degree murder, involuntary manslaughter, or drug-induced homicide under the Illinois Criminal Code of 2012, the family has up to one year after the final disposition of the criminal case to file the wrongful death claim. This extended deadline applies only against the individual charged, not any other parties.
Why does this matter for Evanston families? Because in the aftermath of a tragedy, families are often focused on grieving, making funeral arrangements, and trying to keep their lives together. Legal deadlines can slip by without anyone realizing it. Whether the incident happened near the Evanston lakefront, along Ridge Avenue, or on the Evanston stretch of I-94, the clock starts running from the day of death.
Do not wait until it is too late. Our wrongful death lawyer team at Briskman Briskman & Greenberg serves families across the North Shore and greater Chicago area. Reach out to us as soon as possible so we can protect your right to file.
How Briskman Briskman & Greenberg Fights for Evanston Families
Briskman Briskman & Greenberg has been fighting for injured people and grieving families throughout the Chicago area for decades. We understand the pain that comes with losing a loved one, and we take our responsibility to your family seriously. Our firm handles wrongful death cases on a contingency fee basis, which means you pay nothing unless we recover compensation for you. There are no upfront costs and no fees unless we win.
We handle every aspect of your case. That includes investigating the cause of death, gathering evidence, working with medical and financial experts, and building the strongest possible claim on your behalf. If the case involves a car accident on Sheridan Road, a construction site near the lakefront, or a medical error at a local hospital, we know how to pursue the responsible parties and hold them accountable.
Cases are often filed at the Cook County Circuit Court, located in downtown Chicago at the Daley Center on Washington Street. Our team knows this courthouse and the local court system well. We also handle cases that may involve federal claims or incidents on federal property near the Chicago area. No matter where your case leads, we are prepared to follow it.
Families throughout Evanston, from the Fifth Ward near the lakefront to the neighborhoods west of the Metra tracks, trust Briskman Briskman & Greenberg to stand up for them when it matters most. Our wrongful death attorneys serve clients across Cook County and the surrounding region. If you have lost a loved one due to someone else’s negligence, call us today. We are ready to listen, and we are ready to fight for your family.
FAQs About Evanston Wrongful Death Claims
What is the difference between a wrongful death claim and a survival action in Illinois?
A wrongful death claim under 740 ILCS 180 compensates the surviving family members for their own losses, such as lost financial support, grief, and loss of companionship. A survival action under the Illinois Survival Act (755 ILCS 5/27-6) compensates the deceased person’s estate for the damages the victim suffered before death, such as pain and suffering and medical bills. Both claims are often filed together in the same lawsuit, and our team at Briskman Briskman & Greenberg can help your family pursue both.
Can I file a wrongful death claim if the at-fault party was also charged with a crime?
Yes. A wrongful death lawsuit is a civil case, separate from any criminal prosecution. Even if the responsible party is facing criminal charges, your family still has the right to pursue a civil wrongful death claim. In fact, Illinois law extends the filing deadline in certain criminal cases, giving you up to one year after the final disposition of the criminal case to file your civil claim against the charged individual.
What if my loved one was partially at fault for the accident that caused their death?
Illinois follows a modified comparative fault rule. Under the Wrongful Death Act, the trier of fact will consider the deceased person’s own contributory fault. If the deceased was found to be more than 50 percent at fault, the claim may be barred. If their fault was 50 percent or less, the damages recovered will be reduced proportionally. This is a complex legal issue, and having an experienced attorney review the facts of your case is important before drawing any conclusions.
How long does a wrongful death lawsuit take to resolve in Illinois?
The timeline varies depending on the facts of the case, the number of parties involved, and whether the case settles or goes to trial. Some cases resolve within a year through settlement negotiations, while others may take two years or more if litigation is necessary. Our team at Briskman Briskman & Greenberg will keep you informed throughout the process and work to resolve your case as efficiently as possible without sacrificing the value of your claim.
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. Our firm handles these cases on a contingency fee basis, which means you pay no attorney fees unless we recover compensation for your family. You can focus on your family during this difficult time while we handle the legal work. Call us today to schedule your free case review.
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