If you have lost a loved one due to someone else’s negligence in Illinois, understanding your legal rights is a critical first step toward justice. This guide covers Illinois’s wrongful death laws, profiles three law firms that handle these cases, and answers the most important questions families face.
Introduction
Losing a family member due to another party’s negligence is devastating. Illinois has a highly favorable legal landscape for wrongful death plaintiffs – the state’s Supreme Court struck down damage caps as unconstitutional in 2010, leaving families with the ability to pursue unlimited compensation.
Illinois Wrongful Death Laws
The Illinois Wrongful Death Act
Illinois’s wrongful death law is governed by 740 ILCS 180. The statute requires the Personal Representative of the deceased’s estate to file the claim on behalf of the next of kin.
Who Can File
The Personal Representative files on behalf of the next of kin, which includes the surviving spouse, children, and parents.
Statute of Limitations
Illinois imposes a 2-year statute of limitations, measured from the date of death.
Recoverable Damages
Illinois allows recovery for pecuniary loss, grief, loss of companionship, and funeral expenses. There are no caps on wrongful death damages in Illinois – the Illinois Supreme Court struck down damage caps as unconstitutional in 2010, including for medical malpractice cases.
Survival Action
Illinois maintains a separate survival action alongside the wrongful death claim under the Illinois Survival Act.
Top 3 Wrongful Death Attorneys in Illinois
1. Salvi, Schostok & Pritchard P.C.
Location: Chicago & Waukegan, IL
Phone: (312) 372-1227
Website: https://salvilaw.com
This firm routinely secures record-breaking verdicts in Illinois, including cases well over $100 million. Since Illinois has zero caps on medical malpractice or general negligence, their heavy-hitting trial lawyers aggressively litigate fatal medical errors, birth injuries, and catastrophic auto accidents, focusing heavily on the grief and sorrow damages permitted without limit under Illinois law.
2. Clifford Law Offices
Location: Chicago, IL
Phone: (312) 899-9090
Website: https://cliffordlaw.com
Clifford Law is internationally recognized, particularly famous for aviation disasters – they were lead counsel in the Boeing 737 MAX litigation. If a wrongful death involves a commercial airline, mass transit, or massive corporate negligence in Illinois, this firm has the elite resources and reputation required to hold global corporations accountable in court.
3. Corboy & Demetrio
Location: Chicago, IL
Phone: (312) 346-3191
Website: https://corboydemetrio.com
A legendary Chicago firm with a history of multimillion-dollar settlements. They represent estates of victims in high-profile construction deaths, trucking accidents, and premises liability. They masterfully combine the wrongful death claim and the separate survival action to ensure families are compensated for every facet of the loss.
Frequently Asked Questions
Why are there no damage caps in Illinois?
In 2010, the Illinois Supreme Court ruled that statutory damage caps in medical malpractice cases violated the Illinois Constitution’s separation of powers provisions. This ruling means that Illinois juries – not the legislature – determine the appropriate level of compensation. There are no statutory ceilings on what a jury can award in a wrongful death case in Illinois.
Who must file the wrongful death lawsuit in Illinois?
The Personal Representative of the estate files on behalf of the next of kin. Prompt probate appointment is needed before the lawsuit can be initiated.
What is the difference between a wrongful death claim and a survival action?
The wrongful death claim compensates the next of kin for their losses – grief, financial support, and companionship. The survival action compensates the estate for what the deceased personally suffered between injury and death, including their own pain and suffering and medical bills.
What should I do immediately after losing a loved one due to negligence?
Contact a wrongful death attorney immediately. The 2-year deadline runs from the date of death. Preserve all evidence and do not speak with insurance companies before consulting an attorney.
Closing
Illinois’s unconstitutional cap ruling and strong wrongful death framework make it one of the most plaintiff-favorable states in the country. The firms listed above have the resources and trial experience to pursue maximum compensation. If you have lost a loved one due to another party’s negligence, contact one of these attorneys today.
For immediate grief support, contact the National Alliance for Grieving Children at (866) 432-1542.