When someone is killed because a company cut a corner, the people responsible start building their version of events immediately. Trucking companies send investigators to the scene the same day. Hospitals open a risk management file before the family has finished planning the funeral. Families come to the case last, and usually without the records.
The Chicago personal injury attorneys at Horwitz, Horwitz & Associates have spent a century making companies answer for deaths they could have prevented. We’ve tried these cases against construction firms, hospitals, and municipal agencies, and we’ve never once represented the other side.
If your family lost someone in Cook County and you believe it didn’t have to happen, call (800) 985-1819 for a free consultation.
Why families across Cook County trust Horwitz, Horwitz & Associates
Horwitz, Horwitz & Associates has been a family firm since 1924, and across three generations we’ve never represented corporate interests. We’ve recovered more than $1 billion for injured Illinois people and their families. Defense firms know which plaintiff’s lawyers will actually stand up at trial, and they price cases accordingly.
Most families who call us weren’t looking for a lawsuit. They wanted to know what happened, and found that the people who knew weren’t going to tell them.
- Built to try cases, not just settle them. Clifford Horwitz has won virtually every case he’s taken to trial, with more than 25% of his victories setting records.
- A doctrine this firm helped shape. Andrew J. Horwitz was trial counsel in the federal case that first put a value on a person’s lost enjoyment of life. Illinois calls that loss of a normal life, and in a death case it’s the argument that keeps a person from being reduced to their paycheck.
- The whole case stays in this office. When a company other than the employer shares responsibility for a death, that part of the claim goes to our own third-party department instead of being referred out.
- Departments, not generalists. Workers’ compensation, medical negligence, and construction each have their own group here, so a workplace death doesn’t get split across three firms who’ve never spoken.
What we’ve recovered in wrongful death cases
- A laborer was crushed when a stack of iron beams collapsed on him at a job site. His family recovered $32.15 million.
- A 23-year-old was riding his bicycle to work when a school bus struck and killed him. That case settled for $2.1 million.
- A hotel guest fell ill in his room while his wife called the front desk over and over, trying to reach him. Staff never opened the door, and the hotel argued it had no obligation to. The case settled for $1.425 million.
Every case turns on its own facts, so no past result predicts another family’s.
What our clients say
“Everyone on the team was professional, pleasant, and always responded promptly to our questions. They made the entire process much easier and gave us confidence every step of the way.” —Annie, Former Client
“They were very attentive to our situation. They made us feel like family. Our case took years, but they held our hands and gave us top-notch legal advice. Our calls and emails had a very quick turnaround to ensure we were Knowledgeable about every part of the case.” —Cathy, Former Client
Check out more of our video testimonials from past clients.
What does Illinois law let your family recover?
Illinois gives your family two separate claims, and they cover two different losses. Both usually belong in the same lawsuit.
A wrongful death claim covers the losses suffered by the surviving spouse and next of kin, including lost financial support and services, loss of society and companionship, and grief, sorrow, and mental suffering. Funeral and burial expenses may also be recoverable through a separate claim, depending on who incurred them and the circumstances.
A survival action covers what your loved one went through before dying. When there was any interval between the injury and the death, the pain they endured and the wages they lost during it belong to their estate.
Illinois caps none of it. The state’s medical malpractice cap was struck down in 2010, and nothing has replaced it. As of a 2023 amendment, punitive damages are also available in wrongful death and survival cases for the first time in decades, though not in medical malpractice claims and not against a government body. Our attorneys can help your family understand your rights after experiencing a wrongful death.
Who brings the case, and who shares in what it recovers?
One person files. A larger group divides the money, and a judge decides how.
Illinois requires the case to be brought by the personal representative of your loved one’s estate rather than by relatives individually. Many families assume that means opening a probate estate first. Usually it doesn’t. When the claim is the only asset your loved one left behind, an Illinois court can appoint a special administrator for the sole purpose of bringing the case, and we handle that through the Probate Division at the Daley Center as part of the work. A missing will doesn’t stop a claim either.
The recovery belongs to the surviving spouse and next of kin. The judge holds a hearing, determines each person’s percentage of dependency on your loved one, and divides the money in those proportions, so a spouse who relied on the income and a financially independent adult sibling won’t receive the same share.
Survival money works differently, because it goes into the estate and passes under the will. Families don’t always see this the same way, and we’re used to working through it. Disagreement doesn’t stop a case.
What kinds of deaths lead to a wrongful death claim in Chicago?
Most of our cases fall into a handful of categories, and which one your family is in usually decides who can be sued and how much time you have to do it.
- Traffic and pedestrian deaths: 1,178 people were killed on Illinois roads in 2024. These cases usually turn on a reconstruction rather than on the police report alone, which is often written before anyone has examined the vehicles.
- Construction deaths: Falls, trench collapses, crane failures, and unguarded equipment. Workers’ compensation generally covers claims against the employer, but a family may also have a separate claim against a negligent general contractor, subcontractor, equipment manufacturer, or other third party.
- Deaths during medical care: Missed diagnoses, surgical errors, medication mistakes, and untreated infections. These run on their own filing rules.
- Nursing home and caregiving neglect: Untreated bedsores, choking deaths, and falls in short-staffed facilities.
- Drownings, fires, and unsafe property: Pools without proper fencing or supervision, and buildings where a hazard someone already knew about went unfixed.
Who can be held responsible for a wrongful death?
More than one party is usually at fault, and the one who has to answer for it isn’t always the person who was there.
- Employers and other businesses. A company may be liable for wrongful acts committed by an employee within the scope of employment, and businesses may also face direct liability for their own negligent hiring, supervision, training, or other conduct.
- Property owners and general contractors, when an unsafe site or a hazard someone knew about killed a worker or a visitor.
- Manufacturers, when equipment failed or a machine had no guard on it.
- Government bodies, including the City of Chicago and the CTA. These claims carry a one-year deadline instead of two, so it’s worth calling early when a city vehicle, a CTA bus, or a road hazard was involved.
Preventable deaths aren’t rare here. Unintentional injuries were the third leading cause of death in Cook County in 2023, accounting for 3,068 deaths, and Illinois recorded 156 fatal work injuries in 2024, up from 145 the year before.
How long do you have to file a wrongful death claim in Illinois?
The general rule in Illinois is two years from the date of death, and once that window closes, a claim generally can’t be brought.
The exceptions are what usually matter. Claims against the City of Chicago, the CTA, or another local government body have to be filed within one year. A death caused by medical negligence generally runs from when the family knew or should have known the death was wrongfully caused, with an outer limit of four years. A beneficiary who was under 18 when the claim arose generally gets two years after turning 18.
Illinois also provides longer periods for certain deaths resulting from violent intentional conduct or specified crimes. Those extensions can apply differently depending on which defendant is being sued.
These cases are filed in the Law Division of the Circuit Court of Cook County at the Daley Center, 50 W. Washington Street. You don’t need to work out which deadline applies to your family. That’s our job, and it’s the first thing we check when you call.
Talk to a Chicago wrongful death attorney
Nobody should have to piece together how their husband or their daughter died from whatever a company decides to hand over. If your family lost someone and the explanation you were given doesn’t hold up, our legal team will find out what happened, and we’ll take it to a jury if the other side won’t deal with you honestly.
Call Horwitz, Horwitz & Associates at (800) 985-1819 or reach out online for a free consultation.
Frequently asked questions about wrongful death claims in Chicago
What if my loved one was partly at fault?
Partial fault doesn’t end your case. Illinois lets your family recover as long as your loved one wasn’t more than 50% responsible, with the award reduced by whatever share of fault gets assigned. Insurers tend to lead with facts like speeding or failure to yield, and families often assume those facts settle the question. They usually don’t. An investigation turns up a fuller account than a first report does, so let us look before you decide you don’t have a case.
Are wrongful death settlements taxable?
Compensation received because of a physical injury or death is often excluded from federal taxable income, but not every part of a settlement receives the same treatment. Punitive damages and interest are generally taxable, and other portions may be taxable depending on what the payment represents. Since settlement language and individual circumstances matter, families should have a tax professional review the allocation before a settlement is finalized.
What does a wrongful death lawyer in Chicago cost?
Nothing upfront. We work on a contingency fee, so our fee comes out of what we recover, and you owe us nothing if we don’t win. Consultations with our Chicago wrongful death attorneys are free, and we advance the case expenses, which matters in a death case because the experts are costly and most families are already paying for a funeral.
