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Wrongful Death

Wrongful Death

In Illinois, a wrongful death claim arises when someone dies due to the negligence, recklessness, or intentional misconduct of another party. If you believe you have a wrongful death case, here are some key points about the process and considerations:

Legal Basis

  • Definition: Under Illinois law, a wrongful death claim is based on the principle that a person who causes another’s death through wrongful conduct should be held accountable.
  • Applicable Laws: The Illinois Wrongful Death Act governs these cases, and it allows the deceased person’s surviving family members to file a lawsuit.

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Who Can File

Eligible Parties: Generally, the following individuals can file a wrongful death claim in Illinois:
  • The surviving spouse.
  • The surviving children.
  • The surviving parents, if there are no spouse or children.
  • A representative of the deceased’s estate, if none of the above parties exist.
Estate Representative: In some cases, the representative of the deceased’s estate might file the claim on behalf of the eligible family members.

Damages

Compensatory Damages: These are meant to compensate for losses such as:
  • Loss of financial support.
  • Loss of companionship, love, and affection.
  • Medical expenses incurred prior to death.
  • Funeral and burial expenses.
Punitive Damages: In some cases, if the defendant’s conduct was particularly egregious, punitive damages might be awarded. These are meant to punish the wrongdoer and deter similar conduct in the future.

Statute of Limitations

Time Limit: In Illinois, you generally have two years from the date of the deceased person’s
death to file a wrongful death lawsuit. There are some exceptions to this rule, so it’s
important to consult with an attorney promptly.

Legal Process

Compensatory Damages: These are meant to compensate for losses such as:
  • Investigation: Gather evidence to support your claim, which may include medical records, accident reports, and witness statements.
  • Filing the Claim: A wrongful death lawsuit is typically filed in the county where the death occurred or where the defendant resides.
  • Negotiation and Settlement: Many wrongful death cases are settled out of court through negotiations between the parties involved.
  • Trial: If a settlement cannot be reached, the case may go to trial, where both sides will present evidence and arguments.

Consulting an Attorney

  • Legal Advice: It's crucial to consult with an experienced wrongful death attorney to understand your rights, evaluate the strength of your case, and guide you through the legal process.
  • Contingency Fee: Many wrongful death lawyers work on a contingency fee basis, meaning they only get paid if you win the case.
If you have specific details or need further assistance, contact Brandenburg & Rees, LLP to discuss your specific situation.
The materials provided on this website are for informational purposes only.These materials do not, and are not intended to, constitute legal advice.
Common Queries Answered

Frequently Asked Questions

At Brandenburg & Rees, LLP, we handle the following types of cases: Injury Cases
  • Wrongful Death
  • Nursing Home Negligence
  • Automobile Accidents
  • Trucking Accidents
  • Slip and Falls
  • Motorcycle Accidents
  • Police Brutality/Section 1983 Claims
  • Worker’s Compensation Claims
  • Mediation and Arbitration Services
  • Uninsured/Underinsured Motorist Claims
Family Law
  • Divorce and Child Custody Cases
  • Parentage
  • Guardianships
  • Maintenance and Child Support Modification
  • Adoptions
  • Mediation Services
Criminal Law
  • Misdemeanor and Felony Cases
  • DUI (Driving Under the Influence)
  • Traffic Citations – including for those holding CDLs
Expungements Estate Planning
  • Wills
  • Transfer on Death Instruments
  • Power of Attorney
Evictions
You can schedule a consultation with one of our attorneys by calling us at (217) 854-2602. You can also leave send us a message through the website and one of our team members will contact you to arrange a time to meet with one of our attorneys.
At your initial consultation, you will meet with the attorney who will handle your case. You will explain your situation. The attorney will likely ask you further questions and then recommend a course of action. Occasionally, the attorney may need more information in order to assess your situation and make an appropriate recommendation. We usually tell clients, the more information you have at the initial consultation, the better. However, oftentimes we meet with clients who are emotional, confused, injured, or are not sure exactly what documentation to bring to the initial consultation. Do not be concerned if you do not have the necessary information at the initial consultation. We will guide you on what documentation we need and, oftentimes, can assist in obtaining the necessary items.
At the consultation, the attorney will explain the law applicable to your situation and discuss the strengths and weaknesses of your specific case.
We, like most other law firms, typically handle personal injury type cases on a Contingency Fee Basis. This means, we advance all the costs necessary to pursue your case including the filing fees, fees for obtaining medical records and bills, court reporter fees and transcripts, expert fees, and any other necessary fees. On these types of cases, we get paid when you get paid. We take a percentage of the recovery which is usually one-third of the recovery. We will also recoup our costs out of the recovery. However, if we do not obtain a recovery, you owe us nothing.

For other types of cases, we either charge an hourly fee or a flat rate, depending on the type of case. We strive to keep our rates reasonable and within the range of that charged other attorneys in the area.
It depends on the specific circumstances of your case. Some matters we can resolve in weeks or months whereas others can take years. Some of the factors that can influence the time it takes to resolve your case include:
  • The time it takes to obtain all the necessary information and documentation
  • The time it takes for any required investigations
  • The Court’s schedule
  • The schedules of any necessary experts
  • The degree of litigation required including whether the case settles, goes to trial, or is appealed
We recognize that most clients want their case resolved as soon as possible. We make every effort to keep your case moving forward in an expeditious manner.