Tinley Park Wrongful Death Lawyer with Offices in Cook and DuPage Counties

A wrongful death occurs when a person dies due to someone else’s negligence or intentional actions. A wrongful death claim will seek to recover financial compensation for the costs related to the death from the person or parties who were responsible. A wrongful death claim can be pursued in cases where a person would have been able to bring a personal injury lawsuit against the party or parties responsible if the death had not occurred.

A deceased person’s surviving family members can pursue a wrongful death claim against the person or parties who were responsible for the death. Survivors who can bring a claim include the deceased person’s spouse, dependent children, or next of kin, and this claim can address the damages they have suffered due to the death. A survival claim may also be brought by the estate of the deceased person to pursue damages that the person would have been able to receive through a personal injury lawsuit if they had not died.

Surviving family members may be able to pursue damages for any financial losses they have suffered due to their loved one’s death. These may include the costs of medical treatment received, funeral and burial expenses, and loss of income that the person would have provided to support their family. Survivors may also be able to pursue non-economic damages that address the loss of companionship, the loss of care and support the deceased person would have provided to family members, and the grief, sorrow, and mental anguish they have experienced.

In Illinois, a wrongful death claim must be brought within two years of the person’s death. However, if a person died as a result of “violent intentional conduct,” a wrongful death claim may be brought within five years of the person’s death. If a case involved first-degree or second-degree murder, involuntary manslaughter, reckless homicide, or drug-induced homicide, a claim may be brought within one year after the end of the defendant’s criminal case.

When filing a wrongful death claim, there is always the chance that the case will proceed to a trial. However, in many cases, defendants will look to avoid the costs and difficulty of courtroom litigation, and they may choose to negotiate an out-of-court settlement. Our attorneys are experienced in negotiating settlements and ensuring that our clients receive the compensation they deserve, but if an acceptable settlement cannot be reached, we are fully prepared to take a case to trial.

At Schwartz Injury Law, we will not charge any up-front fees when pursuing a wrongful death claim. We work on a contingency basis, meaning that we will cover all of the costs involved in pursuing a lawsuit, and we will not charge any fees until we collect compensation in your case. If you recover compensation through a wrongful death claim or lawsuit, our fee will be a certain percentage of the total amount awarded to you.