Chicago Wrongful Death Lawyer
Losing a loved one because of someone else’s negligence is a life-altering loss. Families are left grieving while also facing medical bills, funeral expenses, lost income, and unanswered questions about how this could have happened. When a preventable death occurs in Chicago or anywhere in Illinois, the law allows surviving family members to pursue accountability through a wrongful death claim.
At Ankin Law, our Chicago wrongful death lawyers represent families during some of the most difficult moments of their lives. We handle the legal burden so you can focus on your family. Our job is to investigate what went wrong, identify every responsible party, and pursue full compensation for the losses your loved one should never have suffered.
If you believe negligence played a role in your loved one’s death, you do not have to navigate this process alone. Call (312) 600-0000 to speak with an experienced wrongful death attorney at Ankin Law. Consultations are free.
“Wrongful death cases are about accountability. Families deserve answers, and they deserve justice when a loss never should have happened. Our job is to make sure negligent parties are held fully responsible.”
~ Howard Ankin, Chicago Wrongful Death Attorney
Table of Contents
What Should Families Do After a Wrongful Death?
In the aftermath of a wrongful death, families are often overwhelmed by grief, confusion, and urgent decisions. While nothing can ease the emotional pain, taking the right steps early can protect your legal rights and strengthen a potential claim.
First, preserve all available evidence. This may include accident reports, medical records, photographs, surveillance footage, and contact information for witnesses. If the death involved a vehicle, workplace incident, or unsafe property, evidence can disappear quickly if it is not secured.
Second, be cautious when speaking with insurance companies. Insurers may reach out soon after the death, often requesting recorded statements or offering early settlements. These conversations are rarely designed to help your family and can later be used to limit or deny compensation.
Third, obtain official records such as the death certificate, autopsy report, and any police or incident reports. These documents often play a critical role in proving liability and damages.
Finally, speak with a wrongful death attorney as early as possible. Early legal involvement allows your attorney to investigate promptly, preserve key evidence, and handle communications with insurers, so your family can focus on healing.
Common Mistakes Families Make After a Wrongful Death
Well-meaning families can unintentionally harm their wrongful death claims during an already difficult time. Some of the most common mistakes include:
- Waiting too long to seek legal advice, which can lead to lost evidence or missed deadlines
- Providing recorded statements to insurance companies without legal guidance
- Accepting early settlement offers before understanding the full value of the claim
- Assuming fault is obvious, when legal proof still must be established
- Handling the process alone, without experienced legal support
Avoiding these mistakes can make a significant difference in both the outcome of a claim and the stress placed on surviving family members. A wrongful death lawyer can help families avoid costly missteps and protect their right to justice.
What Is a Wrongful Death Claim?
A wrongful death claim is a civil lawsuit brought when a person dies as a result of another party’s negligent, reckless, or wrongful act. Unlike criminal cases, which are brought by the state and focus on punishment, wrongful death lawsuits are filed by surviving family members and focus on financial accountability and justice.
Under Illinois law, a wrongful death claim allows eligible survivors to seek compensation for losses caused by the death, including:
- Lost financial support
- Funeral and burial expenses
- Loss of companionship, guidance, and care
- Emotional suffering caused by the loss
Wrongful death cases often arise from incidents that should never have happened, such as fatal car crashes, medical errors, unsafe workplaces, or dangerous property conditions. Even when a death is ruled an “accident,” civil liability may still exist if negligence was involved.
Wrongful Death vs. Survival Actions in Illinois
Illinois law recognizes two distinct legal claims that may arise after a fatal incident: wrongful death claims and survival actions. These claims are often pursued together, but they serve different purposes.
- A wrongful death claim focuses on the losses suffered by surviving family members due to the death.
- A survival action, by contrast, seeks compensation for the pain, suffering, and losses the deceased experienced between the injury and death, including medical expenses and conscious pain and suffering.
An experienced wrongful death lawyer can evaluate whether one or both claims apply and ensure they are pursued correctly and strategically.
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Injured by a medical provider? Check out our medical malpractice knowledge center to learn more about medical malpractice cases.
Common Causes of Wrongful Death in Chicago
Wrongful death cases can arise from many types of fatal incidents. Some of the most common causes we see include:
Motor Vehicle Accidents
Fatal motor vehicle crashes involving cars, trucks, motorcycles, pedestrians, and cyclists are a leading cause of wrongful death claims. These cases often involve speeding, distracted driving, impaired driving, or violations of traffic laws. Commercial vehicle and trucking deaths may also involve negligent employers or maintenance failures.
Medical Malpractice
Doctors, hospitals, and healthcare providers can be held accountable when medical errors lead to death. These cases may involve misdiagnosis, delayed diagnosis, surgical errors, medication mistakes, or failures during childbirth or emergency care.
Workplace Fatalities
Construction accidents, industrial incidents, and unsafe job sites can lead to fatal injuries. In addition to workers’ compensation benefits, wrongful death claims may be brought against third parties such as contractors, property owners, or equipment manufacturers.
Premises Liability and Negligent Security
Property owners have a duty to maintain reasonably safe premises. Fatal falls, fires, structural failures, or violent crimes caused by inadequate security may give rise to wrongful death liability.
Defective Products
Manufacturers, distributors, and retailers may be held responsible when unsafe products cause fatal injuries. These cases often involve defective auto parts, machinery, medical devices, or consumer products.
How Does a Wrongful Death Claim Work in Illinois?
Understanding how a wrongful death claim works is essential for victims who wish to pursue legal action against the liable party. While each case may vary, the process of a wrongful death claim typically includes the following steps:
- Initial Consultation With an Attorney: The wrongful death attorney will gather information about the circumstances of the death, explain your legal rights, and evaluate whether a valid wrongful death case exists.
- Investigation and Evidence Collection: This includes reviewing medical records, accident reports, witness statements, expert opinions, and other critical evidence to establish liability.
- Filing the Claim: If negligence is identified, your attorney files a wrongful death lawsuit on behalf of the estate and surviving family members.
- Discovery and Case Development: Both sides exchange evidence and take depositions. Experts may be used to support liability and damages.
- Negotiation or Trial: Many cases resolve through settlement. If a fair settlement is not offered, the case proceeds to trial.
- Distribution of Compensation: Any recovery is distributed to eligible family members under Illinois law.
Do You Have a Valid Wrongful Death Lawsuit?
You may have a valid wrongful death lawsuit if your loved one died because of someone else’s negligence and surviving family members suffered measurable losses as a result.
To succeed, a wrongful death claim must establish the following legal elements:
- Duty of Care: The defendant owed a legal duty to act with reasonable care toward the deceased.
- Breach of Duty: The defendant failed to meet that duty through negligent actions or inaction.
- Causation: The breach directly caused or substantially contributed to the death.
- Damages: The death resulted in financial and personal losses to surviving family members.
These elements must be proven by a preponderance of the evidence, which often requires extensive documentation, expert testimony, and legal strategy.
How Insurance Companies Handle Wrongful Death Claims
Insurance companies approach wrongful death claims with one primary goal: reducing how much they have to pay. Even when liability seems clear, insurers often use aggressive strategies to protect their bottom line.
One common tactic is making early, low settlement offers, hoping families will accept before understanding the full financial and emotional impact of their loss. These offers rarely account for long-term damages, such as future lost income or loss of companionship.
Insurers may also attempt to shift blame onto the deceased, arguing that the victim contributed to the accident or failed to avoid harm. In other cases, they delay investigations or dispute medical causation to wear families down.
An experienced wrongful death lawyer changes this dynamic. Your attorney handles all insurer communications, counters attempts to minimize liability, and builds a case designed to demand full and fair compensation rather than quick closure.
“Insurance companies look for reasons to deny or undervalue wrongful death claims. We build these cases with evidence, experts, and preparation from day one, so families are taken seriously.”
~ Howard Ankin
How Long Do You Have to File a Wrongful Death Lawsuit in Illinois?
In most Illinois wrongful death cases, the statute of limitations is two years from the date of death. Certain exceptions may apply, including cases involving criminal conduct or delayed discovery of negligence.
Failing to file within the deadline can permanently bar your claim. Acting early allows your attorney to preserve evidence and build a stronger case.
Who Can File a Wrongful Death Lawsuit in Illinois?
In Illinois, a wrongful death claim is filed by the personal representative of the deceased’s estate. This may be someone named in a will or appointed by the court. While the representative files the case, compensation is awarded to eligible surviving family members, including spouses, children, or next of kin.
- If the deceased selected a representative: Any adult can be named to represent a deceased person’s estate when selected directly by the decedent.
- If the deceased did not name a personal representative: The courts will typically select the spouse, adult children, or other adult next of kin.
Wrongful Death Involving Children
The wrongful death of a child is one of the most heartbreaking losses a family can experience. While no legal action can undo that loss, Illinois law allows parents to pursue wrongful death claims when a child’s death is caused by negligence.
Wrongful death cases involving children often arise from car accidents, medical malpractice, unsafe daycare facilities, defective products, or dangerous property conditions. Although children may not have an established income, damages are still available for loss of companionship, emotional suffering, and the loss of a child’s future contributions to the family.
Courts take special care in these cases, and settlements involving minors often require judicial approval. An experienced wrongful death attorney can guide families through this sensitive process while ensuring their child’s life and loss are treated with the seriousness and dignity they deserve.
How Much Is a Wrongful Death Lawsuit Worth?
The value of a wrongful death lawsuit depends on the losses suffered by surviving family members and the severity of the defendant’s misconduct. Recoverable damages may include:
- Funeral and burial expenses
- Medical bills
- Lost income and benefits
- Loss of future financial support
- Loss of companionship
- Emotional pain and suffering
- Loss of guidance and care
In limited cases involving intentional or egregious misconduct, punitive damages may be available.
A Chicago wrongful death lawyer at Ankin Law can evaluate your case and pursue maximum compensation.
Reach Out to the Chicago Wrongful Death Attorneys at Ankin Law for Help
The wrongful death attorneys at Ankin Law are dedicated to assisting victims and their families in wrongful death claims. We provide compassionate and knowledgeable legal representation to help victims like you navigate the complex legal process. With decades of experience, our attorneys can investigate the circumstances of your loved one’s death, gather evidence, and build a strong case to establish liability. We will work diligently to ensure that your rights as surviving family members are protected and seek maximum compensation for your losses. The attorneys at Ankin Law provide personalized attention and support, guiding our clients through every step of the legal proceedings with a focus on achieving justice and closure.
Wrongful Death FAQs
Do You Have to Go to Court for a Wrongful Death Claim?
Not necessarily, however, as with any claim, if a reasonable settlement offer cannot be reached, your case may go to trial.
How Much Does it Cost to Hire an Attorney?
Typically, attorneys who handle wrongful death cases operate on a contingency fee basis. This means you owe no up front legal fees unless we win your case.
Are Wrongful Death Settlements Taxable?
Most wrongful death settlements are not taxable in Illinois. However, portions covering punitive damages and accrued interests are taxable.
Wrongful Death Resources & Links
Features information on accident causes and prevention, traffic fatalities, drowning, falls, and more.
Consumer Product Safety Commission
Provides information on consumer product safety.
From the National Library of Medicine, resources on injuries and accidents.
Provides information on highway safety and fatalities.
Features patient safety literature.
National Toxicology Program
Provides fact sheets, testing information and study results regarding hazardous and toxic substances.
Provides comprehensive information on workplace safety.
Features studies, fact sheets and press releases on firearms product liability