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Streamwood Wrongful Death Attorney
Losing someone you love is devastating enough on its own. When that loss happens because of someone else’s negligence or wrongful conduct, the grief becomes even harder to carry. Families in Streamwood, Illinois, and throughout Cook County deserve answers, accountability, and real support. As a Chicago personal injury lawyer serving communities across the Chicago area, Briskman Briskman & Greenberg understands what families face after a preventable death, and we are here to help you pursue justice under Illinois law.
Table of Contents
- What Is a Wrongful Death Claim Under Illinois Law?
- Who Can File and Who Benefits From a Wrongful Death Lawsuit
- Time Limits and Other Critical Rules for Illinois Wrongful Death Cases
- Common Causes of Wrongful Death in the Streamwood Area
- What Damages Can a Streamwood Wrongful Death Claim Recover?
- FAQs About Streamwood Wrongful Death Attorney
What Is a Wrongful Death Claim Under Illinois Law?
The wrongful death lawyers at Briskman Briskman & Greenberg handle claims governed by the Illinois Wrongful Death Act (740 ILCS 180). Under Section 1 of that Act, whenever a person’s death is caused by a wrongful act, neglect, or default, the party who would have been liable for injuries, had the person survived, remains liable for damages after death. In plain terms, if someone’s careless or intentional conduct killed your family member, the law gives you the right to pursue a civil claim against that person or entity.
Wrongful death claims in Illinois arise from many different situations. Fatal car accidents on Route 59 or along Irving Park Road in the Streamwood area are among the most common causes. So are fatal truck crashes, construction site deaths, medical malpractice, nursing home neglect, and workplace accidents. According to the Centers for Disease Control and Prevention, unintentional injuries are the third-most common cause of death nationwide, accounting for over 222,000 fatalities in a recent year. Many of those deaths involve conduct that qualifies as legally wrongful under state law.
Illinois does not require that the responsible party be convicted of a crime for a wrongful death claim to succeed. Civil and criminal cases operate separately. A drunk driver who causes a fatal crash near Streamwood’s Hoosier Grove Barn, for example, may face both criminal charges and a civil wrongful death lawsuit at the same time. The standard of proof in civil court is lower than in a criminal case, which means a family can still recover compensation even if criminal charges are not filed or result in an acquittal.
The Act also covers deaths caused by corporate or institutional misconduct. If a business, hospital, property owner, or employer acted wrongfully and someone died as a result, the family has the right to bring a claim. The law is broad by design, because Illinois recognizes that preventable deaths cause real, lasting harm to the people left behind.
Who Can File and Who Benefits From a Wrongful Death Lawsuit
Under Section 2 of the Illinois Wrongful Death Act (740 ILCS 180/2), a wrongful death lawsuit must be filed by the personal representative of the deceased person’s estate. That representative acts on behalf of the surviving family members, not for the estate itself. The financial recovery flows to the surviving spouse and next of kin, not into the estate’s general assets.
The court distributes any award based on each beneficiary’s financial dependency on the deceased. A spouse who relied on the decedent’s income will typically receive a larger share than a distant relative with no financial connection. Adopted children and adoptive parents are treated the same as biological family members under the Act, which makes the law inclusive of many modern family structures.
What can the jury award? Under 740 ILCS 180/2(a), the jury may give damages it finds to be “a fair and just compensation with reference to the pecuniary injuries resulting from such death, including damages for grief, sorrow, and mental suffering.” This language matters. It means the law recognizes that a family’s loss is not just financial. The pain of losing a parent, spouse, or child is compensable in Illinois courts. Thanks to a 2007 statutory change, juries are permitted to consider grief, sorrow, and mental suffering in wrongful death cases.
Punitive damages are also available in some cases. A 2023 amendment to the Act, effective August 11, 2023 (P.A. 103-514), allows punitive damages when the defendant’s conduct was malicious, willful, fraudulent, or showed a reckless disregard for others’ safety. Punitive damages are not available against government entities or in healing art malpractice cases, as the Act makes clear. If you are unsure whether your situation qualifies, speaking with a wrongful death attorney who knows Illinois law is the right first step.
Time Limits and Other Critical Rules for Illinois Wrongful Death Cases
Time is one of the most important factors in any wrongful death case. Under Section 2(d) of the Illinois Wrongful Death Act (740 ILCS 180/2(d)), families generally have two years from the date of death to file a lawsuit. The clock starts from the date of death, not the date of the underlying injury that caused it. This distinction matters. If a loved one was injured in a serious accident in Streamwood and died weeks or months later, the two-year window begins on the date of death.
There are exceptions. Under Section 2(e) of the Act, if the death resulted from violent intentional conduct, families may have up to five years to file. If the defendant faces criminal charges for first-degree murder, second-degree murder, involuntary manslaughter, reckless homicide, or drug-induced homicide under the Criminal Code of 2012, the family may also file within one year after the final disposition of that criminal case. These extended deadlines apply only against the individual charged, not against other defendants.
If a surviving beneficiary was a minor when the cause of action arose, the Act provides that the minor may bring the action within two years after reaching age 18. This protects children who lose a parent and cannot yet act on their own behalf.
Cases involving government defendants, such as claims against a municipality for a dangerous road condition near Streamwood’s Schaumburg Road corridor, may require additional notice filings before the lawsuit can proceed. Those notice requirements often have shorter deadlines than the standard two-year window. Waiting to contact a wrongful death attorney can cost your family the ability to recover anything at all, so acting quickly is essential.
Common Causes of Wrongful Death in the Streamwood Area
Streamwood sits in Cook County, bordered by Bartlett, Hanover Park, and Schaumburg. Residents travel regularly on Route 20 (Lake Street), Barrington Road, and the Jane Addams Memorial Tollway (I-90). These busy corridors see a steady volume of commercial truck traffic, commuter vehicles, and rideshare drivers. Fatal accidents on these roads are not rare, and many involve conduct that gives rise to a wrongful death claim.
Illinois recorded approximately 1,196 traffic deaths in 2024. A significant number of those fatalities occurred in suburban Cook County communities like Streamwood. Drunk driving, distracted driving, and speeding are leading contributors to fatal crashes throughout the region. Commercial vehicle accidents, involving delivery trucks and semi-trailers on I-90 and Route 20, are particularly deadly because of the size and weight of those vehicles.
Beyond traffic accidents, Streamwood families also face wrongful death risks from construction site accidents, which are common given the ongoing development in the broader Schaumburg area. Workers who die on job sites may have claims under the Illinois Wrongful Death Act even when workers’ compensation benefits are also available. Under Section 1.2 of the Workers’ Compensation Act (820 ILCS 305/1.2), an employee’s heirs retain the right to bring a civil wrongful death action when workers’ compensation benefits would be barred by a repose period.
Medical malpractice is another significant source of wrongful death claims. Families who lose a loved one due to a surgical error, a misdiagnosis, or a medication mistake at a local hospital or medical facility have the right to pursue a claim. Nursing home neglect is also a recognized cause of wrongful death in Illinois, particularly as the population ages. If your family member died under any of these circumstances, consulting with an wrongful death lawyer who handles cases throughout the Chicago suburbs can help you understand your options.
What Damages Can a Streamwood Wrongful Death Claim Recover?
Families often wonder what a wrongful death case is actually worth. The honest answer is that it depends on the specific facts, but Illinois law allows recovery for a wide range of losses. Economic damages include the income the deceased would have earned over their lifetime, the value of household services they provided, medical expenses incurred before death, and funeral and burial costs. These losses can be substantial when the deceased was a working parent or the primary financial support for a family.
Non-economic damages cover the grief, sorrow, and mental suffering of the surviving spouse and next of kin. Illinois has no statutory cap on non-economic damages in most wrongful death cases. There is no statutory cap on non-economic damages in most Illinois wrongful death cases. That means juries have full discretion to award what they find fair and just based on the evidence presented at trial.
The Survival Act (755 ILCS 5/27-6) runs alongside a wrongful death claim in most cases. While the Wrongful Death Act compensates the surviving family for their own losses, the Survival Act preserves any claim the deceased would have had for their own pain and suffering before death, lost wages from the date of injury through the date of death, and medical bills. These two claims are typically filed together, and the damages are allocated between them at settlement or by the jury.
Punitive damages, where available under the 2023 amendment to the Act, add another layer of potential recovery in cases involving truly egregious conduct. If a company knowingly ignored a dangerous condition that killed a worker, or a drunk driver had multiple prior convictions and drove anyway, a jury may find that punitive damages are warranted. The wrongful death attorneys at Briskman Briskman & Greenberg evaluate every case to identify all available avenues for recovery. Call us at (312) 222-0010 to discuss your family’s situation in a free, confidential consultation.
FAQs About Streamwood Wrongful Death Attorney
Who has the legal right to file a wrongful death lawsuit in Illinois?
Under the Illinois Wrongful Death Act (740 ILCS 180/2), the personal representative of the deceased person’s estate files the lawsuit. That person acts on behalf of the surviving spouse and next of kin, who are the actual beneficiaries of any recovery. The court then distributes the award based on each family member’s degree of financial dependency on the deceased. If no personal representative has been appointed, the court can appoint one so the case can move forward.
How long does a family in Streamwood have to file a wrongful death claim?
In most cases, Illinois law gives families two years from the date of death to file a wrongful death lawsuit, under Section 2(d) of the Illinois Wrongful Death Act. If the death resulted from violent intentional conduct, the window may extend to five years. If criminal charges are filed against the responsible party, the family may also file within one year after the final disposition of that criminal case. Claims against government entities may have shorter notice deadlines, so contacting an attorney as soon as possible is important.
Can a family still recover damages if the deceased was partially at fault?
Yes, but the amount may be reduced. Under Section 2(g) and (h) of the Illinois Wrongful Death Act, the trier of fact first determines the deceased’s contributory fault. If the deceased was partially responsible, the damages are reduced in proportion to that fault. If a beneficiary’s own contributory fault is found to be more than 50% of the cause of the wrongful death, that beneficiary is barred from recovering. Other beneficiaries are not automatically affected by one beneficiary’s fault.
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, including lost financial support, grief, sorrow, and mental suffering. A survival action under the Probate Act of 1975 (755 ILCS 5/27-6) preserves the claims the deceased would have had if they had lived, such as pain and suffering before death and medical bills. The recovery from a survival action goes to the estate and is distributed under the will or by intestate succession. Both claims are typically filed together in Illinois wrongful death cases.
Does Briskman Briskman & Greenberg handle wrongful death cases on a contingency fee basis?
Yes. Briskman Briskman & Greenberg handles wrongful death cases on a contingency fee basis, which means you pay no attorney’s fee unless your case results in a recovery. You should discuss the specific fee arrangement and any potential costs or expenses with the firm directly during your consultation, so you have a clear understanding of all financial terms before moving forward. To schedule a free consultation, call (312) 222-0010. The firm’s office is located in Chicago, Illinois, and serves clients throughout Cook County, including Streamwood and surrounding communities.
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