Our Lawyers
Plainfield Wrongful Death Attorney
Losing a loved one is one of the hardest things a family can face. When that loss happens because of someone else’s negligence or wrongful act, the pain is even harder to carry. You deserve answers, and you deserve justice. At Briskman Briskman & Greenberg, we work with families in Plainfield, across Will County, and throughout the greater Chicago area to help them understand their rights and pursue the compensation they are owed under Illinois law. If you believe your loved one’s death could have been prevented, keep reading. This page explains what you need to know about wrongful death claims in Illinois, and how our team can help you take the next step.
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
- How Briskman Briskman & Greenberg Helps Plainfield Families
- FAQs About Plainfield Wrongful Death Claims
What Is a Wrongful Death Claim Under Illinois Law?
Illinois law gives surviving family members the right to sue when a loved one dies due to another party’s wrongful act, negligence, or default. This right comes from the Illinois Wrongful Death Act, found at wrongful death lawyers 740 ILCS 180. Under Section 1 of that Act, if the negligent or wrongful act would have allowed the injured person to file a personal injury lawsuit had they survived, then the responsible party remains liable even after death.
Think about that for a moment. If a driver runs a red light on Route 30 near Plainfield and seriously injures someone, that injured person could sue. Under the Wrongful Death Act, if that same person dies from those injuries, the family can still hold the driver accountable. The death does not erase the responsibility. The law makes that clear.
Wrongful death claims can arise from many types of incidents. Car accidents on Interstate 55 near Bolingbrook, truck crashes on I-80 near Joliet, medical malpractice at a local hospital, workplace accidents, slip and fall incidents, defective products, and even criminal acts can all give rise to a wrongful death claim. The key question is always the same: did someone else’s wrongful conduct cause your loved one to die?
It is also worth noting that a wrongful death claim is a civil matter. It is separate from any criminal case. Even if a person is never charged with a crime, or is found not guilty in criminal court, your family can still bring a civil wrongful death lawsuit. The standard of proof in a civil case is lower than in a criminal case, which means families often have a real path to justice even when the criminal system falls short.
If you are not sure whether your situation qualifies, the best thing you can do is speak with a Chicago personal injury lawyer as soon as possible. Time matters in these cases, and we will explain why in a later section.
Who Can File a Wrongful Death Lawsuit in Illinois?
Not everyone can file a wrongful death lawsuit in Illinois. The law has specific rules about who has the legal standing to bring a claim. Under Section 2 of the Illinois Wrongful Death Act (740 ILCS 180/2), every wrongful death action must be brought by and in the names of the personal representatives of the deceased person. The money recovered goes to the surviving spouse and next of kin of the deceased.
So who counts as next of kin? The law includes the surviving spouse, children, parents, and siblings. Adopted parents and adopted children are treated the same as natural parents and natural children under the Act. The court distributes any money recovered based on each person’s level of dependency on the deceased. A spouse and young children who relied on the deceased for income, for example, would typically receive a larger share than a sibling who was financially independent.
What happens if there is no surviving spouse or next of kin? In that situation, the law directs that certain limited damages can go toward covering final medical expenses, hospital bills, and the costs of administering the estate, including reasonable attorney’s fees.
It is also important to know that contributory fault can affect how much each beneficiary receives. If a beneficiary is found to be more than 50% at fault for the wrongful death, that beneficiary is barred from recovering damages. If they are 50% or less at fault, their damages are reduced in proportion to their fault. This is a nuanced area of the law, and having an experienced wrongful death attorney on your side makes a real difference when these issues come up.
Families in Plainfield, Romeoville, Shorewood, and surrounding Will County communities often have questions about whether they qualify to file. Our team at Briskman Briskman & Greenberg is here to walk you through the process and help you understand your rights from the very first conversation.
What Damages Can Your Family Recover?
One of the first questions families ask is: what can we actually recover? Illinois law allows for a broad range of damages in wrongful death cases. Under Section 2 of the Wrongful Death Act, the jury may award damages that are a fair and just compensation for the pecuniary injuries resulting from the death. That includes damages for grief, sorrow, and mental suffering. In certain cases, punitive damages may also be available.
Let’s break down what that means in practical terms. Your family may be able to recover compensation for the following:
- Lost income and future earning capacity your loved one would have provided
- Medical and hospital bills from the final illness or injury
- Funeral and burial expenses
- Loss of companionship, guidance, and emotional support
- Grief, sorrow, and mental suffering experienced by surviving family members
- Punitive damages, where the defendant’s conduct was especially reckless or intentional (note: punitive damages are not available in healing art malpractice, legal malpractice, or cases against the State or a unit of local government)
Illinois does not cap wrongful death damages in most cases. That means there is no artificial limit on what a jury can award your family. The goal is to fairly compensate the people who depended on your loved one, both financially and emotionally.
Consider a family in Plainfield where a parent is killed in a truck accident on I-55. That family loses not only the parent’s income but also years of guidance, love, and support. The law recognizes all of those losses, not just the financial ones. Our wrongful death lawyer team works hard to document and present every category of loss so that your family’s claim reflects the full impact of what happened.
Every case is different. The amount your family can recover depends on the facts of your specific situation, the strength of the evidence, and the skill of your legal team. We take the time to build a thorough case on your behalf.
The Statute of Limitations: Do Not Wait Too Long
Time is one of the most important factors in a wrongful death case. Illinois law sets a strict deadline for filing, and missing it almost always means losing your right to recover any compensation at all. Under the Illinois Wrongful Death Act (740 ILCS 180/2), wrongful death claims must be filed within two years from the date of death, not the date of injury.
There are some exceptions to this two-year rule. When a case involves violent intentional conduct, the law states that a wrongful death claim must generally be filed within five years of the date of death. Illinois’s statute of limitations also contains an exception for minors who have wrongful death claims. In these cases, minors have until two years after their 18th birthday to take legal action. Additionally, the Illinois Wrongful Death Act states that a person who is entitled to recover benefits but is under 18 at the time the cause of action accrues may bring the action within two years after turning 18.
What about cases involving government entities? In a lawsuit against a public entity, such as a county hospital or public transportation agency, your time to sue might be significantly less than two years, and you may be required to give notice of your intent to sue fairly quickly. These shorter deadlines can catch families off guard, especially when they are still grieving.
The bottom line is this: do not assume you have plenty of time. Evidence disappears, witnesses move away, and memories fade. The sooner you speak with a qualified wrongful death attorney, the better your chances of building a strong case. Briskman Briskman & Greenberg is ready to review your situation and help you understand exactly what deadlines apply to your family’s claim.
How Briskman Briskman & Greenberg Helps Plainfield Families
Plainfield is one of the fastest-growing communities in Illinois, located in Will County just southwest of Chicago along Route 59 and near the I-55 corridor. Families here live close to major highways and busy commercial areas, which unfortunately means exposure to serious traffic accidents, construction site hazards, and other risks that can lead to tragic, preventable deaths. When those tragedies happen, families in Plainfield need legal support they can trust.
At Briskman Briskman & Greenberg, we handle wrongful death cases with the seriousness and dedication that your family deserves. We know that no amount of money can replace your loved one. What we can do is fight to hold the responsible party accountable and secure the financial support your family needs to move forward. Cases we handle include fatal car and truck accidents, workplace deaths, medical malpractice resulting in death, nursing home negligence, and more.
Our team works on a contingency fee basis. That means you pay nothing unless we recover compensation for your family. We understand that families dealing with a sudden loss are already under enormous financial pressure. You should never have to worry about legal fees while you are grieving.
We also serve families throughout the broader Chicago area and surrounding suburbs. Whether your case involves courts in Will County, DuPage County, or Cook County, our team knows how to handle the process from start to finish. Our wrongful death attorneys are committed to pursuing maximum compensation for every family we work with.
Do not face this alone. Call Briskman Briskman & Greenberg today for a free, no-obligation consultation. We will listen to your story, explain your options clearly, and help you decide on the best path forward for your family.
FAQs About Plainfield Wrongful Death Claims
Who is considered “next of kin” under the Illinois Wrongful Death Act?
Under the Illinois Wrongful Death Act (740 ILCS 180/2), next of kin includes the surviving spouse, children, parents, and siblings of the deceased. The law also treats adopted parents and adopted children the same as natural parents and natural children. The court determines how any recovered damages are distributed based on each person’s level of financial and emotional dependency on the deceased.
Can I file a wrongful death claim if the at-fault party was never criminally charged?
Yes. A wrongful death lawsuit is a civil matter, completely separate from any criminal case. You do not need a criminal conviction, or even a criminal charge, to bring a wrongful death claim. The standard of proof in a civil case is lower than in a criminal case. This means your family may still have a strong claim even if prosecutors chose not to file charges or the defendant was acquitted in criminal court.
How long do I have to file a wrongful death lawsuit in Illinois?
In most cases, you have two years from the date of your loved one’s death to file a wrongful death lawsuit under 740 ILCS 180/2. There are exceptions. If the death resulted from violent intentional conduct, the deadline may extend to five years. Minors have two years from their 18th birthday to file. If the case involves a government entity, the deadline may be shorter and additional notice requirements may apply. Contact an attorney as soon as possible to find out exactly what deadline applies to your case.
What types of accidents or incidents can lead to a wrongful death claim in Plainfield?
Wrongful death claims can arise from a wide range of incidents. Common examples include fatal car and truck accidents on roadways like Route 30, Route 59, I-55, and I-80 near Plainfield and Will County, workplace accidents, medical malpractice, nursing home neglect, defective products, and criminal acts. If the incident would have supported a personal injury lawsuit had your loved one survived, it likely supports a wrongful death claim as well.
Does Briskman Briskman & Greenberg charge upfront fees for wrongful death cases?
No. Briskman Briskman & Greenberg handles wrongful death cases on a contingency fee basis. This means you pay no attorney’s fees unless and until we recover compensation for your family. You can focus on your family during this difficult time without worrying about legal costs. To get started, simply contact our office to schedule a free, no-obligation consultation.
More Resources About Personal Injuries
SEEN ON:
