Losing a loved one in a fatal Chicago auto accident may give surviving family members the right to pursue a wrongful death claim under Illinois law. While no legal action can replace your loss, a claim may provide financial support and hold the responsible party accountable.
When you are coping with grief, questions about insurance, medical bills, funeral expenses, and legal rights often arise at the same time. Understanding how wrongful death claims work can help you make informed decisions during a difficult period.
What Is a Wrongful Death Claim in Illinois?
A wrongful death claim is a civil lawsuit brought when someone dies because of another person or company’s negligent or wrongful conduct. In fatal motor vehicle accidents, these claims commonly arise from:
- Distracted driving
- Drunk or drug-impaired driving
- Speeding
- Reckless driving
- Failure to obey traffic signals
- Commercial truck negligence
- Defective vehicle components, in some cases
The purpose of a wrongful death claim is to recover compensation for the losses surviving family members experience because of their loved one’s death. It is separate from any criminal charges that may result from the crash.
Who Can File a Wrongful Death Claim?
Illinois law requires the personal representative of the deceased person’s estate to file the wrongful death lawsuit.
Although the personal representative files the lawsuit, any recovery is intended to benefit the surviving spouse and next of kin. The court decides how the compensation is divided among eligible beneficiaries based on each person’s degree of dependency on the deceased. If no personal representative has been appointed, one may need to be named before a lawsuit can proceed.
If no personal representative has been appointed, one may need to be named before a lawsuit can proceed.
What Compensation May Be Available?
Every case is different, but damages in an Illinois wrongful death claim may include compensation for both financial and personal losses.
Potential damages may include:
- Funeral and burial expenses
- Loss of the deceased’s financial support
- Loss of benefits and services
- Loss of companionship, society, and guidance
- Grief, sorrow, and mental suffering experienced by surviving family members
Depending on the circumstances, the deceased person’s estate may also pursue a separate survival action. Unlike a wrongful death claim, a survival action seeks compensation for losses the deceased experienced before passing away, such as medical expenses, lost wages, and conscious pain and suffering.
How Long Do You Have to File a Wrongful Death Claim?
Illinois generally imposes a two-year statute of limitations for wrongful death claims, although exceptions may apply depending on the facts of the case.
Waiting too long can make it more difficult to gather evidence, locate witnesses, and preserve important records. Acting promptly also gives your attorney more opportunity to investigate the collision before evidence disappears.
If you are unsure how much time remains, speaking with an attorney as soon as possible can help protect your rights.
What Evidence Can Help Support Your Claim?
Building a strong wrongful death case often requires a detailed investigation into how the collision occurred and who was responsible.
Evidence may include:
- Police crash reports
- Photographs and video footage
- Witness statements
- Vehicle damage documentation
- Electronic data from commercial trucks
- Cell phone records, when relevant
- Medical records
- Accident reconstruction analysis
We work to identify and preserve evidence while handling communications with insurance companies and investigating every potentially responsible party.
How Can an Attorney Help Your Family?
After a fatal accident, families are often contacted by insurance adjusters while they are still grieving. Accepting an early settlement before the full impact of the loss is understood may affect the compensation available later.
We can help by:
- Investigating the cause of the collision
- Identifying all potentially liable parties
- Calculating current and future losses
- Negotiating with insurance companies
- Preparing your case for trial if a fair settlement is not offered
Our goal is to allow you to focus on your family while we manage the legal process.
Let Us Help You Seek Accountability
The loss of a loved one changes every part of your family’s life. While a wrongful death claim cannot undo what happened, it may provide financial stability and hold the responsible parties accountable for their actions.
At Kolb Law, we represent families throughout Chicago and across Illinois after fatal motor vehicle accidents. We will explain your legal options, answer your questions, and pursue the compensation your family may be entitled to recover. Contact us today to schedule a consultation.