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Gurnee Wrongful Death Attorney
Unexpectedly losing a loved one can be a devastating experience, especially when that loss stems from another party’s reckless, careless, or negligent behavior. Gurnee wrongful death lawsuits can arise from various situations, including motor vehicle collisions, workplace accidents, medical negligence, unsafe property conditions, and other preventable events.
A claim can be brought by a personal representative of the estate for the benefit of the surviving spouse, and next of kin, and it generally must be filed within two years of the death. The experienced Gurnee wrongful death attorneys at Briskman Briskman & Greenberg can help you pursue a claim for compensation on behalf of a loved one.
What Is a Wrongful Death Claim in Illinois?
Under Illinois Law 740 ILCS 180/1, 180/2(a)(2026), a wrongful death claim may be sought after a person dies because of another party’s wrongful act, neglect, or default.
A personal representative of the estate can bring the claim for the benefit of the surviving spouse or eligible next of kin. Essentially, the law gives your family a way to hold another person, business, or entity accountable for your loved one’s death.
When Does a Death Qualify for a Wrongful Death Lawsuit?
Even if the loss seems unfair, unfortunately, not every accidental or preventable death gives rise to a civil lawsuit.
The primary question may be: “Would the death have entitled the deceased person to recover damages if he or she had survived?”
This means the case still turns on familiar civil concepts such as negligence, causation, and damages, even though the harm is far greater. Several common situations that can lead to a wrongful death claim filed in Lake County include:
- Auto Accidents. Motor vehicle crashes stemming from drunk driving, drug use, unsafe lane changes, and other forms of negligence may lead to a wrongful death claim.
- Workplace Injury. If your loved one suffered fatal injuries because of a hazardous work environment, you may be able to pursue a claim against the employer or another third party.
- Medical Negligence. Medical malpractice claims involving delayed diagnosis, surgical mistakes, and similar situations can give rise to a wrongful death claim. This can include negligence from specialists, primary care doctors, dentists, and oral surgeons.
- Premises Liability. These claims often involve deaths related to injuries from unsafe walkways, poor maintenance, or inadequate security.
- Dangerous Products. Defective or dangerous product claims may involve defective design, manufacturing defects, or missing warnings.
Each category calls for its own evidence. A car crash may require police reports, scene photos, and vehicle data. A hospital malpractice case may depend on records, timelines, and expert review. A workplace death may involve OSHA materials, employer records, and witness statements. The underlying principle stays the same even when the proof changes.
Common Incidents That May Lead to Wrongful Death Claims
The most recent Illinois crash data shows that 1,178 people were killed in motor vehicle crashes statewide in 2024, and 20.4% of fatal crashes involved alcohol. That same report shows 217 pedestrian deaths and 144 motorcyclist deaths in 2024, which reflects how often a negligent act on the road can lead to a fatal loss.
The most recent workplace fatality data also shows that deadly incidents occur outside the roadway context. The U.S. Bureau of Labor Statistics reports 156 fatal work injuries in Illinois in 2024, which means wrongful death claims may also arise from construction incidents, transportation events, machinery failures, and other job-related tragedies.
At Briskman Briskman & Greenberg, we handle wrongful death claims involving many different types of fatal events.
Seeking Recovery For a Wrongful Death Accident
Time limits are a crucial part of every civil claim. Under Illinois Wrongful Death Act, barring certain limited exceptions, these claims must be commenced within two years after death. Further, Illinois law, 740 ILCS 180/2(d), (e) (2026), also includes special timing rules for certain cases involving violent intentional conduct or enumerated criminal offenses.
In Illinois, the personal representative brings the claim, but the compensation belongs to the surviving spouse and next of kin. In most cases, the trial court determines each party’s share based on their degree of dependency. The analysis is especially important when the decedent has a surviving spouse, children, parents, or other reliant family members.
Families sometimes assume that the person filing the case will receive the full recovery or control every decision for personal reasons. An attorney can help beneficiaries understand the process to reduce the likelihood of uncomfortable situations.
What Damages May Be Available For the Family Of A Deceased Loved One
Illinois law allows recovery for the losses suffered by the surviving spouse and next of kin as a result of the death. That can include financial losses, but it does not stop there. The statute, 740 ILCS 180/2(a), (b) (2026), also permits damages for grief, sorrow, and mental suffering. In an appropriate case, punitive damages may be available as well.
Wrongful death claims may involve compensation for funeral and burial costs, loss of consortium, and other harms that resulted from the death. Survival claims may result in compensation for medical treatment, pre-death suffering, and other claims that the decedent could have pursued if they survived.
Types of Evidence for Lake County Wrongful Death Claims
A viable case typically hinges on strong evidence that is presented in a compelling way. At Briskman Briskman & Greenberg, we focus on building the record with the same care these losses deserve. Several forms of evidence can make a major difference:
- Police reports, incident reports, and 911 materials;
- Medical records, autopsy records, and billing records;
- Witness statements and scene photographs;
- Surveillance footage and business camera recordings;
- Employment, wage, and household support records; and
- Expert analysis on causation, liability, and projected losses.
No two wrongful death cases rely on the same mix of proof. A medical negligence case will look very different from a truck crash or a workplace fatality. What does stay consistent is the need to preserve evidence before the other side defines the story first.
Contact Gurnee Wrongful Death Attorneys at Briskman Briskman & Greenberg
If you or someone you know has lost a loved one because of another entity’s wrongful conduct, the attorneys at Briskman Briskman & Greenberg can help. Our attorneys work with support staff and experts to ensure that you receive comprehensive and personalized representation in your personal injury or wrongful death claims. Contact Briskman Briskman & Greenberg at 877-595-4878 to discuss your options.
FAQs About Gurnee Wrongful Death Attorney
Does there need to be a criminal case for a wrongful death lawsuit?
No. Wrongful death civil claims and criminal cases have different standards of proof and evidentiary burdens. The family does not need to wait for a criminal case to pursue a civil claim.
What happens if no estate has been opened yet?
Generally, an estate must be opened to commence a civil claim. However, an attorney can help you get through each step of the process.
Can a wrongful death case settle without going to trial?
Yes. While each case is fact-specific, many wrongful death lawsuits resolve before trial.
Can minor children recover damages in a wrongful death lawsuit?
Yes. Next of kin typically includes minor children. An attorney can work with you to ensure that all relevant parties recover the compensation the law entitles.
How Is a Wrongful Death Claim Different From a Survival Action?
Wrongful death claims and survival actions are often conflated; however, they are distinct claims. Wrongful death claims seek to address the losses the surviving spouse or next of kin experienced because of their loved one’s death. Whereas survival actions under 740 ILCS 180/2(a) (2026) preserve the claims the decedent could have brought if they had lived.
Survival actions may include medical expenses and the decedent’s conscious pain and suffering experienced before their death. In contrast, wrongful death claims focus on the family’s damages. In some cases, families pursue both types of claims.
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