Wrongful Death Basics

What is a wrongful death?

A wrongful death is when someone is killed because of the negligence or misconduct of another person or entity.

What Qualifies as Wrongful Death?

Under the Wrongful Death Act (740 ILCS 180/), a wrongful death in Illinois is defined as a death that is caused by someone else’s negligent or wrongful acts. Common causes of wrongful death in Chicago include auto accidents, medical malpractice, and workplace accidents, among others.

In Illinois, wrongful death cases involve filing a civil lawsuit on behalf of the deceased. In most cases, the civil suit is against the party responsible for their death. Wrongful death suits seek financial compensation for damages, such as medical expenses, lost wages and other losses related to the decedent's death. When filing a wrongful death suit against the responsible person or entity, it is the plaintiff's responsibility to prove that their negligence caused the victim’s death. The burden of proof rests upon them in order for justice to be served.

Who can file a Wrongful Death lawsuit?

The only person who can file a wrongful death lawsuit is the “personal representative” of the deceased, such as a surviving spouse or a close relative. Heirs and beneficiaries may be able to file a wrongful death lawsuit in certain circumstances. The wrongful death attorneys at Abdallah Law can assist you in filing your case as either an estate, or individual plaintiff.

How Long Do I Have to File a Wrongful Death Claim in Illinois?

In Illinois, there is a two-year statute of limitations for filing a wrongful death lawsuit. This period begins on the date of the decedent’s death.

Chicago wrongful death laws

The Wrongful Death Act

The Illinois Wrongful Death Act grants the surviving family members the right to file a wrongful death claim and recover monetary compensation for their losses. Compensation may include the deceased's share of income, survivors' loss of emotional support, consortium, and companionship suffered after the loved one's death. These damages are typically incurred by the next of kin rather than the decedent.

The Illinois Surviving Act

Under the Illinois Surviving Act, the deceased person's estate can file for the monetary damages that could have been recovered during their lifetime. The statute emphasizes honoring and recognizing the victim of wrongful death, and the estate may pursue a legal claim to gain these damages.

Typically when a survival claim is filed, Illinois probate court appoints an executor to the deceased person's estate. The executor then files a claim under the Survival Act to recover the damages that the victim may have sought during their lifetime; including lost earnings, medical expenses, and losses at the time of the accident.

Proving a wrongful death claim

How to Prove Wrongful Death in Chicago

In a wrongful death lawsuit, the burden of proof is the same as if the decedent were alive. By law, four elements must be established in order to prove that the defendant is liable, including:

1. causation

2. duty

3. breach of duty

4. damages

who can i hold accountable for a wrongful death

In a wrongful death lawsuit, the defendant is the individual or entity who’s negligence or wrongful acts resulted in death; and they may be held responsible. The responsible party depends on the type of accident. Examples can be:

• the drunk driver responsible for a head on collision

• the owner of a pet that caused fatal injuries

• the healthcare provider that made an error in surgery, medications, or diagnosis

• the company responsible for a fatal product defect

• the police department and responsible officers if someone dies due to excessive force

Damages in a wrongful death case

types of damages you can recover from a wrongful death

In Illinois, under the Wrongful Death Act relatives of the victim of a wrongful death may include damages for:

• loss of companionship

• loss of consortium

• loss of services

• loss of future income

In Illinois, wrongful death cases brought under the Survival Act can recover damages for losses suffered by the victim. These damages typically include any losses incurred between the time of the injury and the time of death. Damages can include:

• medical bills

• past lost wages

• pain and suffering

• disability

• property damage