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Mt. Vernon Wrongful Death Attorney
Losing someone you love is devastating. When that loss happens because of someone else’s negligence, recklessness, or wrongful act, the grief is compounded by anger, confusion, and a very real need for answers. Families in and around Mt. Vernon, Illinois deserve to know their legal rights, and they deserve a team of Chicago personal injury lawyer professionals who will fight for those rights with skill and dedication. At Briskman Briskman & Greenberg, we understand what is at stake for your family, and we are here to help you pursue the justice your loved one deserved.
Table of Contents
- What Illinois Law Says About Wrongful Death Claims
- Common Causes of Wrongful Death in the Mt. Vernon Area
- The Filing Deadline You Cannot Afford to Miss
- What Damages Can Your Family Recover?
- Why Briskman Briskman & Greenberg Fights for Mt. Vernon Families
- FAQs About Mt. Vernon Wrongful Death Claims
What Illinois Law Says About Wrongful Death Claims
Illinois has a specific law that gives families the right to sue when a loved one is killed by another party’s wrongful conduct. Under the Illinois Wrongful Death Act (740 ILCS 180/2), a wrongful death lawsuit is filed by the personal representative of the deceased person’s estate. This is a critical distinction. The surviving spouse cannot file in their own name. Adult children cannot file in their own names. The personal representative, whether named in a will or appointed by a probate court, brings the claim on behalf of the family.
The law is broad in terms of who can benefit. The recovery is for the surviving spouse and next of kin, covering losses such as grief, sorrow, companionship, financial support, and funeral-related harms. Under Section 1 of the Illinois Wrongful Death Act (740 ILCS 180/1), the party who would have been liable for the victim’s injuries while alive remains liable for their death. That means a negligent driver, a careless property owner, a reckless employer, or a medical provider who made a fatal error can all be held accountable under this law.
Illinois also recognizes that a person’s value to their family goes far beyond a paycheck. The jury can weigh factors such as the money and benefits the deceased would have provided, the deceased’s age and physical health, their work ethic, their occupational abilities, the relationship between the deceased and each surviving next of kin, and the grief, sorrow, and mental suffering of the next of kin. These are not abstract concepts. They are real losses that affect real families every single day.
Illinois law also allows punitive damages in certain wrongful death cases where the conduct was especially egregious, though punitive damages are not available in healing art malpractice or legal malpractice cases, or against the State or a unit of local government. If your family’s loss falls into one of these categories, the experienced team at Briskman Briskman & Greenberg can clarify exactly what applies to your situation. Consulting with knowledgeable wrongful death lawyers early in the process gives your family the best chance of building a strong case.
Common Causes of Wrongful Death in the Mt. Vernon Area
Mt. Vernon sits at the crossroads of Interstate 57 and Interstate 64, two of southern Illinois’s busiest corridors for both passenger vehicles and commercial truck traffic. That geographic reality puts local residents at significant risk. Fatal work injuries totaled 156 in Illinois in 2024, with transportation incidents being the most frequent type of fatal event in the state, accounting for 35 percent of all fatal work injuries. Many of those incidents happen on or near major highways just like the ones running through Jefferson County.
Car accidents, truck accidents, motorcycle crashes, and pedestrian fatalities are among the most common causes of wrongful death claims in this region. A fully loaded semi-truck traveling I-57 at highway speed can cause catastrophic damage in a collision. Drunk driving remains a persistent problem on rural southern Illinois roads. Distracted drivers, whether on their phones or otherwise inattentive, cause fatal crashes with heartbreaking regularity.
Beyond traffic fatalities, wrongful death claims also arise from workplace accidents, including construction site injuries and warehouse incidents. Medical malpractice, nursing home abuse, and premises liability accidents, such as fatal slip and fall incidents, are also valid grounds for wrongful death claims under Illinois law. Fatalities resulting from violent acts in Illinois workplaces were up 50 percent in 2024 compared to the prior year, accounting for 23 percent of all worker fatalities statewide. When any of these tragedies could have been prevented, the law provides a path to accountability.
Dog bite fatalities, though less common, also give rise to wrongful death actions in Illinois. Whether a death resulted from a car accident on I-64, a construction accident near the Mt. Vernon industrial corridor, or a fatal injury at a local business, the legal principles are the same: if someone else’s negligence caused the death, that party should be held responsible. A skilled wrongful death attorney can evaluate the specific facts of your case and identify every responsible party.
The Filing Deadline You Cannot Afford to Miss
Time is not on your side after a wrongful death. Illinois law sets a strict deadline for filing a claim, and missing it almost always means losing the right to recover compensation entirely. Under the Illinois Wrongful Death Act (740 ILCS 180/2), families have two years from the date of death, not the date of injury, to file a wrongful death lawsuit. This distinction matters enormously. If your loved one was injured in an accident but survived for weeks or months before passing away, the two-year clock starts on the day of death, not the day of the crash or incident.
There are limited exceptions. When a death results from violent intentional conduct, including first-degree murder, second-degree murder, involuntary manslaughter, reckless homicide, or drug-induced homicide, families have five years after death to file, or one year after the final disposition of related criminal proceedings, whichever comes later. Additionally, under 740 ILCS 180/2(f), if the person entitled to bring the wrongful death claim was under age 18 when the cause of action accrued, the two-year statute of limitations is tolled until their 18th birthday.
Claims against government entities, such as a city, county, or state agency, can carry even shorter notice requirements. Claims against a city, county, or local government must be filed within one year under the Illinois Tort Immunity Act (745 ILCS 10/8-101). Missing that shorter deadline can bar a claim against a government defendant entirely, even if the two-year general deadline has not yet passed.
Do not wait to act. Evidence disappears. Witnesses move or forget details. Surveillance footage gets overwritten. The sooner you speak with a qualified wrongful death attorney about your family’s situation, the better positioned you will be. Call Briskman Briskman & Greenberg at (312) 222-0010 to discuss your options with no obligation.
What Damages Can Your Family Recover?
One of the most common questions families ask is: what can we actually recover? The answer depends on the facts of the case, but Illinois law is designed to make families as whole as possible after a preventable death. Under the Illinois Wrongful Death Act (740 ILCS 180/2), the jury is directed to award fair and just compensation for pecuniary injuries resulting from the death. That phrase covers much more than lost wages.
Damages can include lost financial support, medical bills incurred before death, funeral and burial costs, and loss of society and companionship, paid to the surviving spouse, children, or next of kin. Grief, sorrow, and mental suffering are also compensable. A parent who loses a child, a child who grows up without a parent, a spouse who loses their partner of decades, all of these losses carry real legal value under Illinois law.
Illinois law also allows for a companion claim called a Survival Action under the Probate Act of 1975 (755 ILCS 5/27-6). While the Wrongful Death Act compensates the family’s loss after the death, the Survival Act compensates what the deceased suffered before death, including pre-death pain and suffering, medical bills, and lost wages from the time of injury to the time of death. Both claims can often be pursued simultaneously, which is why having a thorough legal team matters so much.
There is no statutory cap on non-economic damages in most Illinois wrongful death cases. This means the jury has the authority to award compensation that truly reflects the depth of your family’s loss. The team at Briskman Briskman & Greenberg works to identify and document every category of damages so that nothing is left on the table. Our firm serves families throughout the Chicago area and across Illinois, including those in Mt. Vernon and Jefferson County. Reach out to our wrongful death lawyer team to learn more about what your family may be entitled to recover.
Why Briskman Briskman & Greenberg Fights for Mt. Vernon Families
Briskman Briskman & Greenberg has been helping Illinois families pursue justice after serious injuries and wrongful deaths for decades. Our firm is based in Chicago at 205 W Randolph St., Suite 925, Chicago, IL 60606, and we represent clients throughout the state, including families in Mt. Vernon and the surrounding Jefferson County communities. Whether your loved one died on I-57 near the Rend Lake interchange, at a local construction site, or due to medical negligence at a regional hospital, we take your case seriously from the very first call.
We handle wrongful death cases on a contingency fee basis, which means you pay no attorney’s fees unless we recover compensation for your family. You will not owe us anything out of pocket to get started. However, please note that clients may still be responsible for certain case costs and expenses depending on the outcome, and we will explain all of this clearly before you make any decisions. Our goal is to remove every financial barrier that might stand between your family and the justice you deserve.
We know that no amount of money can bring back the person you lost. What a successful wrongful death claim can do is hold the responsible party accountable, provide financial stability for your family going forward, and honor the life of the person you loved. The wrongful death attorneys at Briskman Briskman & Greenberg approach every case with both legal rigor and genuine compassion for the families we serve.
If your family has lost someone due to another party’s negligence, recklessness, or wrongful conduct, do not face this process alone. Call us at (312) 222-0010 or contact us online to schedule a free consultation. We are ready to listen, answer your questions, and help you understand your rights under Illinois law.
FAQs About Mt. Vernon Wrongful Death Claims
Who has the legal right to file a wrongful death lawsuit in Illinois?
Under the Illinois Wrongful Death Act (740 ILCS 180/2), only the personal representative of the deceased person’s estate can file the lawsuit. This is typically the executor named in the will or an administrator appointed by the probate court. The surviving spouse, children, or other next of kin benefit from any recovery, but they cannot file the suit in their own names. If your family has not yet identified a personal representative, an attorney can help guide you through that process quickly.
How long does a Mt. Vernon family have to file a wrongful death claim in Illinois?
In most cases, the Illinois Wrongful Death Act (740 ILCS 180/2) gives families two years from the date of death to file a lawsuit. That clock starts on the date of death, not the date of the accident or incident that caused the death. Exceptions exist for cases involving violent intentional conduct, minor beneficiaries, and claims against government entities, which can carry shorter notice deadlines. Acting as early as possible protects your family’s rights and preserves critical evidence.
What types of losses can a family recover in an Illinois wrongful death case?
Illinois law allows recovery for a wide range of losses, including lost financial support, medical expenses incurred before death, funeral and burial costs, and loss of society and companionship. Grief, sorrow, and mental suffering are also recognized as compensable losses under the Illinois Wrongful Death Act. In addition, a companion Survival Action under the Probate Act of 1975 (755 ILCS 5/27-6) may allow recovery for the pain and suffering your loved one experienced before death. An attorney can help identify all available categories of compensation in your specific case.
Can a wrongful death claim be filed if criminal charges are also pending?
Yes. A civil wrongful death lawsuit and a criminal prosecution are separate legal proceedings. A criminal case requires proof beyond a reasonable doubt, while a civil wrongful death claim uses a lower standard called a preponderance of the evidence. Families can pursue a civil claim regardless of whether criminal charges are filed or how those proceedings turn out. In fact, when a death results from violent intentional conduct, the Illinois Wrongful Death Act extends the filing deadline to five years from the date of death or one year after the final disposition of the criminal case, whichever is later.
Does Briskman Briskman & Greenberg handle wrongful death cases for families outside of Chicago?
Yes. Briskman Briskman & Greenberg represents families throughout Illinois, including those in Mt. Vernon and Jefferson County. Our firm is headquartered at 205 W Randolph St., Suite 925, Chicago, IL 60606, and we handle cases on a contingency fee basis, meaning you pay no attorney’s fees unless we recover compensation for your family. Clients may still be responsible for certain costs and expenses, which we will explain clearly from the start. Call us at (312) 222-0010 to schedule a free consultation and learn how we can help your family.
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