If your family lost someone because of another’s negligence, Illinois law may let you bring a wrongful death claim. It’s a way to hold the responsible party accountable and protect the people your loved one supported, and it can ease a financial burden no grieving family should have to face alone.
A Joliet wrongful death attorney at Horwitz, Horwitz & Associates can help. We bring more than 100 years of trial experience and will pursue the compensation your family needs to cover medical bills, funeral expenses, and more.
We understand that no amount of money can make up for the tragedy of losing a loved one, but it can help ease the financial burden. Call us today for a free consultation at (800) 985-1819.
What is a wrongful death claim?
In Illinois, wrongful death claims are filed to compensate the deceased person’s family. In a successful wrongful death lawsuit, the surviving family members can recover not only for financial loss but also for intangible losses like emotional suffering.
The main elements required in a wrongful death claim are as follows:
- There was a death.
- Another person or company’s negligence or wrongful act caused it.
- The deceased could have brought an injury claim had they survived.
- The death left surviving family members (a spouse or next of kin) who suffered a loss.
For example, if someone was killed in an automobile accident with a drunk driver, their family may have a wrongful death claim against the drunk driver and a separate dram shop claim against the bar that overserved them.
How does a wrongful death claim work?
A claim for wrongful death is made by filing a petition in the county’s circuit court in which either the decedent or the relative filing resides.
Once filed, a judge will review the case and determine whether it has enough merit to continue. If so, a date may be set for trial. A Joliet wrongful death lawyer can help gather evidence and witnesses to bolster the case.
An experienced attorney knows what information is typically needed in a wrongful death claim. They can help obtain that information from all relevant parties while avoiding pitfalls.
What should you know before filing a wrongful death claim?
- There is a two-year statute of limitations for wrongful death claims. You must file within two years of the date of your relative’s death. Some deaths carry different deadlines; a death caused by violent, intentional conduct or certain criminal acts can allow up to five years, and claims involving minors are handled differently, so confirm your deadline early.
- Present evidence of financial damages, such as medical or funeral expenses, to help establish liability and show negligence.
- Although rare, punitive damages may be awarded against a defendant found liable for exceptionally negligent or reckless behavior. This is to deter others from committing similar acts in the future.
Remember that having an experienced Joliet wrongful death lawyer can help you meet every requirement.
Our attorneys in Will County know how to gather evidence and build a strong case, but most importantly, we understand what you are going through. Let us fight on your behalf so that you can focus on your family and heal from your loss.
What qualifies as a wrongful death lawsuit?
A death qualifies as wrongful death when another party’s negligence or wrongful act caused it, and when the person could have brought an injury claim themselves had they survived. That’s the standard under the Illinois Wrongful Death Act: if the wrongdoing would have supported a personal injury case, it can support a wrongful death claim after the person dies.
Not every death meets that bar. There has to be a party whose negligence or wrongful act actually caused the death, whether that’s through carelessness, like a distracted driver, or an intentional act, like an assault. A death from natural causes, or a true accident with no one at fault, generally doesn’t qualify.
A wrongful death claim is also separate from any criminal case. Prosecutors handle criminal charges; your family’s claim is a civil action for the losses the death caused, and it can move forward even if no one is charged or convicted.
How hard is it to prove wrongful death?
It can be difficult, because wrongful death rests on the same four elements as any negligence claim (duty, breach, causation, and damages), and you have to prove all four.
Duty of care
The at-fault party owed your loved one a legal duty to act with reasonable care, like a driver to drive safely or a doctor to meet the accepted standard of care.
Breach of duty
They broke that duty by doing something a reasonably careful person wouldn’t have done, or by failing to do something they should have.
Causation
That breach, not some unrelated cause, is what led to the death. Causation is usually the hardest element to prove, which is where evidence and expert testimony matter most.
Damages
The death caused measurable losses, like medical bills, funeral expenses, lost income, and the loss of your loved one’s support and companionship.
We handle the investigation and work with experts to connect each element and put a value on the loss.
What are the common types of wrongful death cases we handle?
We handle wrongful death claims arising from many kinds of negligence. The most common include:
Auto accidents
When a negligent driver causes a fatal crash, the surviving family may have a wrongful death claim. Fault often comes down to details like speeding or who had the right of way, so preserving evidence early matters.
Medical malpractice
When an allegedly negligent medical professional causes a patient’s death, the family may have a wrongful death claim. These cases turn on causation by showing the provider’s care fell below the accepted standard and that the lapse, not the underlying illness, caused the death. One important limit: Illinois doesn’t allow punitive damages in medical malpractice cases, even when the patient dies.
Learn more: What is the difference between medical malpractice and wrongful death?
Workplace accidents
A fatal workplace accident usually means workers’ compensation death benefits for the family. It can also support a separate wrongful death claim against a negligent third party, like an equipment manufacturer or a subcontractor, who isn’t the employer.
Product liability
When an unsafe product causes your loved one to die, you may be able to file a claim against the manufacturer or distributor. This type of case typically involves a defective design, a manufacturing problem, or insufficient safety warnings.
What damages may be claimed in a wrongful death lawsuit?
Economic
Economic damages for a wrongful death claim include the value of the support and financial benefits your loved one would have provided, but that were lost due to their death. Sometimes, you can also seek compensation for lost future earnings based on earning capacity.
Non-economic
Non-economic damages in wrongful death cases typically include losses that are harder to measure but still real, like the pain and suffering endured by the survivors. These damages can include compensation for the loss of consortium, companionship, care, and guidance, as well as the loss of inheritance or other benefits that would have passed to family members.
For immediate support for emotional suffering, consider connecting with a local grief counseling center in Joliet.
Punitive damages
Since a 2023 change to Illinois law, punitive damages can be available in wrongful death and survival cases when the at-fault party acted willfully or with utter disregard for others’ safety. They punish that conduct rather than compensate your family, and Illinois sets no cap on the amount. One key limit: punitive damages still aren’t allowed in wrongful death cases based on medical malpractice or against government defendants.
Who has the right to file a wrongful death lawsuit?
Who files and who benefits
In Illinois, a wrongful death claim is filed by the personal representative of the deceased’s estate, not by relatives individually. Money recovered is then distributed among the surviving spouse and next of kin (usually a spouse, children, or parents) based on how much each depended on the person who died.
Executor or representative
If the deceased did not have close family, an executor or other legal representative can serve as the personal representative. When a person dies without a will, the court can appoint an administrator to bring the claim. An experienced attorney can explain this process in greater depth.
How long does it take to settle wrongful death claims?
There’s no fixed timeline. Some wrongful death claims settle within months, while others take a few years, depending on how the case unfolds. A few things move the clock:
- How clearly liability can be established, and whether the at-fault party disputes it.
- How long the investigation takes, especially in complex or multi-party cases.
- The number of beneficiaries and the size of the loss, which affect how the claim is valued.
- Whether the insurer negotiates in good faith or the case has to be filed and litigated.
Illinois adds one step that affects timing: a wrongful death settlement has to be approved by the probate court and apportioned among the beneficiaries before anyone is paid. After that, any liens and expenses are resolved, and the funds are usually distributed within a few weeks. Your attorney handles each step and keeps the case moving so it resolves as efficiently as the facts allow.
Contact a Joliet wrongful death attorney today
To learn more about your legal options, consult a Joliet wrongful death attorney at Horwitz, Horwitz & Associates. We’re here to answer your questions and work to recover the compensation available to your family.
Contact our Will County law firm today at (800) 985-1819 or contact us online for a free consultation about your case.
We work on a contingency fee basis. You pay nothing unless we recover compensation for you. A wrongful death lawyer Joliet families can call is ready to review your case at no charge.
Frequently asked questions after a wrongful death in Joliet, IL
Can workers’ compensation pay for my loved one who was killed on the job?
Workers’ compensation generally covers work-related accidents. Death benefits can go to a surviving spouse and children; if your loved one wasn’t married and had no children, you may need to file a wrongful death claim against the responsible party.
Can multiple family members file separate wrongful death claims?
No. Illinois allows only one wrongful death action, brought by the personal representative of the estate on behalf of all the surviving family members. There aren’t separate lawsuits for each relative. If the case succeeds, the court divides the recovery among the spouse and next of kin based on how much each depended on the person who died.
What happens if the family disagrees about filing a claim?
The personal representative has the authority to bring the claim, but the probate court can step in when relatives disagree. If there’s a dispute over who should serve as personal representative or how a settlement should be divided, a judge can resolve it. Illinois courts also have to approve a wrongful death settlement and how it’s apportioned, which protects each beneficiary’s share.
Can a wrongful death claim still be filed if no criminal charges were brought?
Yes. A wrongful death claim is a civil case, separate from the criminal system. You don’t need charges or a conviction to file. Civil claims also use a lower burden of proof than criminal cases, so a family can recover compensation even when prosecutors decline to charge someone or a defendant is acquitted.
Are wrongful death settlements taxable?
Usually not. Under federal law, the compensatory part of a wrongful death settlement, the money for your family’s loss, generally isn’t taxed as income. Punitive damages and any interest on the award are the common exceptions, and those are typically taxable. Tax situations vary, so confirm the details with a CPA or tax advisor before relying on this.
