Losing a family member due to negligence is devastating. Filing a Chicago wrongful death action gives you a way to hold those responsible accountable and secure compensation to cover everything from lost support to funeral bills.
At Kaveny + Kroll Trial Lawyers, our wrongful death attorneys guide you through every step, protecting your rights with tough courtroom experience and genuine compassion.
How State Law Handles Wrongful Death Actions
State law gives families the right to pursue damages through 740 Illinois Compiled Statutes § 180 (the Wrongful Death Act). The personal representative of the deceased’s estate files these claims. Damages may cover lost financial support, funeral and burial expenses, and the emotional harm caused by the loss of companionship and guidance.
Punitive damages may also be available in limited situations in which the conduct was reckless or intentional. Every Chicago wrongful death case requires careful legal review to determine the types of compensation that apply.
Steps Involved in Filing a Wrongful Death Case
Filing a wrongful death claim in Chicago involves several stages that benefit from experienced legal representation. First, an attorney examines the facts and determines if your family is eligible to file under state law, ensuring the claim has a strong foundation. Next, the attorney collects evidence, including medical records, accident reports, and witness statements, strengthening the case for maximum recovery.
Once evidence is collected, the estate’s representative files the claim, formally submitting it to the court in accordance with all legal requirements. At that point, the case may settle through negotiation or proceed to trial if the insurer refuses fair compensation. An experienced trial lawyer can increase your chances of a favorable outcome.
Factors That Can Affect Case Outcomes
Settlement values vary depending on the specific circumstances. Common factors include:
- Liability evidence: The strength of proof showing negligence or fault
- Financial losses: Lost income and benefits the deceased would have provided
- Final expenses: Medical bills and funeral costs
- Emotional impact: Loss of companionship, guidance, and support
- Defendant’s resources: Insurance coverage and financial assets available
Having a knowledgeable Chicago attorney document these factors with precision positions families for a stronger recovery in a death due to negligence lawsuit filing.
How Our Wrongful Death Lawyers Build Strong Claims
Wrongful death cases often involve well-resourced defendants who fight to limit payouts. Families need trial lawyers who know how to resist. Our Chicago wrongful death lawyers file every action as if it will go to trial, increasing leverage in negotiations and readiness for court. Our team combines decades of courtroom experience with compassionate advocacy to ensure your family has strong, dedicated representation.
Types of Compensation Available in Wrongful Death Actions
The law may entitle families to several types of damages in a wrongful death claim:
- Medical expenses: Hospital and treatment costs incurred before death
- Funeral and burial costs: Reasonable expenses for services and burial or cremation
- Lost income and support: Wages and financial contributions the deceased would have provided
- Loss of benefits: Lost health insurance, pensions, or retirement benefits
- Emotional loss: Loss of companionship, guidance, and emotional support
Our Chicago wrongful death attorneys ensure that when filing an action, each category is fully documented and pursued for maximum recovery.
Who Can File a Wrongful Death Claim?
Under state law, the personal representative of the deceased’s estate generally files wrongful death claims. Eligible family members, including spouses, children, or sometimes parents, benefit from these claims. Determining the correct filing party is important to preserving legal rights and maximizing recovery when pursuing a wrongful death lawsuit in Chicago.
Call a Chicago Lawyer for Help Initiating a Wrongful Death Claim
State law generally gives families two years from the date of death to file a wrongful death claim. Acting promptly helps preserve evidence, protect your rights, and strengthen your case. Kaveny + Kroll Trial Lawyers’ proven attorneys are ready to fight for accountability and meaningful compensation.
Call or contact us online today to discuss filing a Chicago wrongful death action.