EXPERIENCED PERSONAL INJURY ATTORNEYS
Illinois Wrongful Death Claims
Personal Injury Lawyers for Wrongful Death Claims in DuPage County, Kane County, and Throughout Illinois
The loss of a loved one is one of the most devastating experiences a family can endure. When that loss is due to the negligence or wrongful actions of another party, the grief is compounded by feelings of anger, confusion, and the need for justice. In Illinois, family members may have legal rights for compensation under the Illinois Wrongful Death Act (740 ILCS 180). This Act provides a legal avenue for families to seek compensation and hold responsible parties accountable for their loss.
At John J. Malm & Associates, we understand the emotional and financial toll the loss of a loved one has on your family. Our team of experienced Naperville wrongful death attorneys is committed to holding negligent parties accountable and fighting for the compensation your family deserves.
Understanding Wrongful Death Claims in Illinois
A wrongful death claim arises when a person dies due to the wrongful act, neglect, or default of another party. Under the Illinois Wrongful Death Act, the purpose of a wrongful death lawsuit is to provide compensation to the deceased’s surviving family members for the losses they have suffered as a result of their loved one’s death. This may include economic and non-economic damages.
“Bringing a wrongful death claim is not just about seeking financial compensation—it’s about honoring your loved one and holding the responsible party accountable for their actions. The legal process allows families to recover the necessary resources for medical bills, funeral expenses, and the loss of love, support, and companionship. While no amount of money can replace a life, a wrongful death claim provides families with the justice and closure they need to begin moving forward.” – John J. Malm, Illinois wrongful death attorney
Who Can File a Wrongful Death Claim?
Legal Requirements Under the Illinois Wrongful Death Act
In Illinois, a wrongful death claim must be filed by the personal representative of the deceased’s estate. If the deceased had a will, the personal representative is usually the executor named in the will. If there was no will, the court may appoint a personal representative. Compensation recovered in a wrongful death lawsuit is distributed to the deceased’s surviving spouse and next of kin, which may include children, parents, or other close relatives.
Types of Damages Recoverable in Wrongful Death Cases
In a wrongful death case, the surviving family members may be entitled to various types of damages, including:
- Economic Damages: These include medical expenses, funeral and burial costs, loss of income, and the value of household services that the deceased provided.
- Non-Economic Damages: These encompass emotional pain and suffering, loss of society, loss of consortium, and the loss of the deceased’s love, care, and guidance.
- Punitive Damages: In some cases, punitive damages may be awarded if the defendant’s actions were particularly reckless. These damages are designed to punish wrongdoing and prevent similar actions in the future.
Who Will Receive the Proceeds in a Wrongful Death Case?
In Illinois, the distribution of proceeds from a wrongful death settlement or judgment is governed by the Illinois Wrongful Death Act (740 ILCS 180). Proceeds are typically distributed to the surviving spouse, children, or other next of kin, and this distribution can be determined through a dependency hearing or a family agreement.
Dependency Hearing
If there is a dispute among family members, a dependency hearing may be held. During the hearing, the court evaluates the financial and emotional dependency of each family member on the deceased to determine a fair distribution of proceeds. Courts consider factors such as the deceased’s income, the family members’ financial needs, and the loss of companionship (see 740 ILCS 180/2).
Family Agreement
In the absence of conflict, family members can reach a family agreement to distribute the proceeds without court involvement. This agreement can be formalized and approved by the court to ensure it complies with Illinois law.
Key Causes of Wrongful Death in Illinois
Motor Vehicle Accidents
Motor vehicle accidents are among the leading causes of wrongful death claims in Illinois. According to the Illinois Department of Transportation (IDOT), there were 1,280 traffic fatalities in Illinois in 2022. Many of these accidents involved speeding, distracted driving, and driving under the influence, which often result in wrongful death lawsuits.
Trucking Accidents
Semi-truck and commercial vehicle accidents are particularly deadly due to the size and weight of these vehicles. When a semi-truck driver fails to adhere to safety regulations, such as driving while fatigued, speeding, or neglecting maintenance, the resulting accidents often lead to fatal outcomes. According to the Federal Motor Carrier Safety Administration (FMCSA), there were 4,965 fatalities in crashes involving large trucks nationwide in 2020. Families impacted by these tragic accidents can file wrongful death claims against negligent truck drivers or trucking companies.
Nursing Home Neglect
Nursing home neglect is another significant cause of wrongful death. When nursing homes fail to provide adequate care or supervision, residents may suffer from fatal conditions like infections, falls, or malnutrition. According to the National Center on Elder Abuse (NCEA), neglect is one of the most common forms of elder abuse, and it often leads to severe health complications or death. Families of residents who died due to neglect or abuse in a nursing facility can pursue a wrongful death claim against the institution and staff.
Medical Malpractice
Medical errors are another major cause of wrongful deaths in Illinois. A study published by Johns Hopkins Medicine found that medical errors are the third leading cause of death in the U.S., with over 250,000 deaths annually. Illinois families affected by medical malpractice may file wrongful death claims if negligence contributed to their loved one’s death.
Workplace Accidents
Workplace fatalities are another leading cause of wrongful death claims. According to the Occupational Safety and Health Administration (OSHA), there were 130 fatal workplace injuries in Illinois in 2022. High-risk industries such as construction and manufacturing are particularly prone to these tragic incidents.
Product Liability
Defective or dangerous products can cause fatal injuries, leading to product liability wrongful death claims. The Consumer Product Safety Commission (CPSC) reported over 200 product recalls in 2022, some of which were linked to fatalities. Families affected by defective products can hold manufacturers accountable through wrongful death lawsuits.
Establishing Liability in a Wrongful Death Case
To successfully bring a wrongful death claim, the following elements must be proven:
- Duty of Care: The defendant owed a duty of care to the deceased. For example, a semi-truck driver has a duty to operate their vehicle safely and follow all traffic laws and regulations, including obeying speed limits, avoiding distractions, and ensuring proper vehicle maintenance.
- Breach of Duty: The defendant breached that duty through negligence or wrongdoing. For instance, a semi-truck driver who drives while fatigued, fails to maintain safe stopping distances, or speeds through a red light may be considered to have breached their duty of care.
- Causation: The breach directly caused the death. The plaintiff must demonstrate that the semi-truck driver’s negligent actions, such as failing to brake or fails to maintain a safe distance, were the direct cause of the fatal accident.
- Damages: The death resulted in quantifiable losses to the surviving family members, such as funeral expenses, lost income, emotional distress, and the loss of love, companionship, advise or support.
How John J. Malm & Associates Can Help
Compassionate Representation for Your Family
At John J. Malm & Associates, we understand that the legal process following the death of a loved one can be overwhelming. Our compassionate Illinois wrongful death attorneys are committed to providing personalized support while aggressively pursuing justice on your family’s behalf.
Comprehensive Case Investigation
We thoroughly investigate the circumstances surrounding the death, gathering evidence, consulting experts, and analyzing all relevant information to build a strong case. Our goal is to ensure that all responsible parties are held accountable.
Trial-Ready Advocacy
While many wrongful death cases are settled out of court, we prepare every case as if it will go to trial. This preparation ensures we are fully ready to advocate for your rights in court if necessary.
Securing Maximum Compensation
We fight tirelessly to secure the maximum compensation available for your family, including damages for medical expenses, funeral costs, lost income, and emotional suffering. Our experience in wrongful death cases has led to successful outcomes for numerous clients over the past 30 years.
A wrongful death settlement totaling $3.9 million was obtained for the family of a woman killed in a motor vehicle accident in Cook County, IL.
A confidential wrongful death settlement was reached in DuPage County, IL, for the family of a child killed during a PONY league baseball warm-up, when coaches failed to use safety equipment.
A confidential wrongful death settlement was reached with an automobile manufacturer.
A $1.6 million wrongful death settlement was reached on behalf of a family of a man who died in a trucking accident.
A confidential wrongful death settlement was reached with a tire manufacturer after a man was killed in a crash caused by a front tire failure.
A wrongful death settlement totaling $1.5 million was reached with the driver of a propane truck and a local municipality for a fatal crash at an uncontrolled intersection.
A $1 million wrongful death settlement was reached with the operator of a delivery truck that struck a car in Will County, IL, resulting in the death of a child passenger.
A confidential wrongful death settlement was obtained on behalf of a disabled man who died due to neglect at an Illinois nursing home.
A $900,000 settlement was obtained in a wrongful death case for the family of an Illinois man killed in a rollover truck accident.
A $950,000 settlement for wrongful death was reached in an Illinois medical malpractice case involving a failure to diagnose.
A $900,000 wrongful death settlement was reached for the family of a woman who died as a result of improper medical treatment in DuPage County, IL.
A $940,000 wrongful death settlement was reached for neglect at an Illinois nursing home.
A settlement totaling $470,000 was obtained for the family of a woman who suffered neglect at two DuPage County nursing homes, leading to her death.
A $250,000 settlement was reached for the family of a woman who was killed in a head-on collision in Kane County, IL.
A policy limits wrongful death settlement was reached for the family of a victim in a fatal single-car accident in West Chicago, IL.
A $100,000 policy limits wrongful death settlement was reached for the mother of a four-year-old killed in a head-on collision in Kane County, IL.
A $250,000 policy limits wrongful death settlement was obtained for the family of a woman killed in a head-on collision in DeKalb County, IL.
A $250,000 policy limits settlement was obtained for the family of a man struck and killed in a head-on motorcycle crash (across the center line) while operating a motorcycle in West Chicago, IL.
A policy limits settlement was reached on behalf of the family of an elderly couple struck and killed while crossing a street in Cook County, IL.
A $125,000 settlement was reached for the family of a young man fatally injured in a motorcycle collision at an intersection in Rockford, IL.
A $100,000 policy limits settlement was reached for the family of a child struck and killed while riding a bicycle in Glen Ellyn, IL.
A $100,000 policy limits settlement was reached for the family of a young man struck and killed while riding a skateboard in Geneva, IL.
Contact the Illinois Wrongful Death Attorneys at John J. Malm & Associates
If you have lost a loved one due to the negligence or wrongful actions of another, you deserve justice. At John J. Malm & Associates, we bring decades of experience in wrongful death cases to help families like yours navigate the complexities of the legal process. Our compassionate, skilled DuPage County wrongful death attorneys are dedicated to securing the compensation and accountability your family deserves. Contact us today for a free consultation to discuss your case and learn more about your legal options.