Chicago Wrongful Death Lawyer

When someone you love dies because of another’s carelessness, you may feel helpless and angry, and struggle with questions that deserve answers. Behind every wrongful death case we manage, we see real people seeking not just legal remedies, but acknowledgment of a life that mattered and accountability for its untimely end.

At Cooney & Conway, our experienced wrongful death attorneys in Chicago are prepared to fight for the justice your grieving family deserves. Our legal team is deeply committed to holding negligent parties accountable for their actions and fighting to secure the financial support your family needs to move forward.

Call for a free case review today. (800) 322-5573

The Illinois Wrongful Death Act

The Illinois Wrongful Death Act gives family members a legal path to seek compensation when someone’s negligence, medical mistakes, unsafe products, or deliberate actions cause a death that should not have happened.

This law acknowledges that when a family loses someone unnecessarily, they suffer both emotionally and financially. To win a wrongful death case, families must show four things: the responsible party had a duty to be careful, they failed in that duty, that failure directly caused the death, and the family experienced losses as a result.

How Do I Know If I Have a Valid Wrongful Death Claim?

Our attorneys evaluate several key factors to determine if your case meets the legal requirements for pursuing compensation. Here are the main elements that indicate you may have a valid claim:

• Recent Death: The death occurred within the two-year statute of limitations period required by Illinois law.
• Family Relationship: You are a spouse, child, parent, or financial dependent of the person who died.
• Clear Responsibility: Evidence shows someone else’s actions or negligence directly caused your loved one’s death.
• Documented Losses: You can show specific damages such as medical bills, funeral expenses, lost income, or emotional suffering.
• Legal Standing: You are either an immediate family member or the appointed representative of the deceased’s estate.
• Preventable Circumstances: The death resulted from a situation that should not have happened if proper care had been taken.

What Compensation Can I Recover After a Wrongful Death?

Families who lose a loved one due to negligence may recover several types of compensation through a wrongful death lawsuit in Illinois. The specific damages available depend on your relationship to the deceased and the unique circumstances of your case.

• Medical expenses incurred before death
• Funeral and burial costs
• Lost income and benefits the deceased would have provided
• Loss of companionship, guidance, and support
• Grief, sorrow, and mental suffering of surviving family members
• Punitive damages in cases involving extreme negligence or intentional misconduct

Survival Action Compensation

A survival action is a legal claim that exists alongside a wrongful death lawsuit but serves a different purpose. While wrongful death claims compensate family members for their losses, survival actions recover damages the deceased person could have claimed had they survived.

The personal representative of the deceased victim’s assets may file this claim to recover compensation for the conscious pain, suffering, and medical expenses the victim experienced between the time of injury and death.

Any damages awarded through a survival action become part of the decedent’s financial assets and are distributed according to their will or Illinois intestacy laws if no will exists.

Who May Be Eligible To Seek Compensation After a Wrongful Death?

Illinois law establishes specific guidelines regarding who may pursue compensation following a wrongful death. The deceased person’s family relationship and financial dependency status determine eligibility to receive damages through a wrongful death claim.

Immediate Family Members

Spouses and children of the deceased typically have the strongest legal standing to pursue wrongful death compensation in Chicago. Immediate family members can recover damages for economic and non-economic losses such as loss of companionship, guidance, and emotional support.

Parents/Legal Guardians of Deceased Children

Parents who lose a child due to someone else’s negligence may file wrongful death claims in Illinois. The law recognizes the profound emotional impact and potential financial losses parents experience when losing a child, regardless of the child’s age.

Estate Representatives

The personal representative of the deceased’s estate must file the wrongful death lawsuit on behalf of eligible survivors. This representative, typically named in the will or appointed by the court, manages the legal proceedings while working closely with the family and their attorneys.

What Evidence Is Needed to Prove Wrongful Death in Illinois?

Building a successful wrongful death case requires comprehensive evidence that establishes the defendant’s liability and connects their actions directly to your loved one’s death. The legal team at Cooney & Conway can assist you in gathering and presenting the following critical evidence to strengthen your claim.

• Medical records documenting injury cause, treatment, and the death certificate
• Accident reports from police, workplace incidents, or property incidents
• Eyewitness testimony from those who observed the incident
• Expert witness opinions from medical professionals, accident reconstructionists, or industry specialists
• Photographic and video evidence of accident scenes, injuries, or dangerous conditions
• Communication records between relevant parties
• Financial documentation demonstrating the deceased’s income and family contributions
• Physical evidence, including defective products, damaged vehicles, or hazardous materials
• Documentation of safety violations or prior similar incidents by the defendant

Who May Be Liable for Damages From a Wrongful Death?      

Multiple parties may bear legal responsibility for a wrongful death depending on the specific circumstances surrounding the fatal incident. Illinois law allows survivors to pursue compensation from any individual or entity whose negligent or intentional actions contributed to causing the death.

• Motorists who cause fatal accidents through negligent driving, including distracted driving, speeding, or intoxication
• Medical professionals who provide poor care resulting in patient death
• Property owners who fail to maintain safe premises, leading to fatal accidents
• Manufacturers of defective products that cause consumer deaths
• Construction companies or contractors who neglect safety regulations
• Nursing homes that provide inadequate care, resulting in resident deaths
• Government entities responsible for maintaining safe public spaces or roadways
• Employers whose workplace safety violations lead to employee fatalities
• Pharmaceutical companies producing dangerous medications without adequate warnings
• Third-party vendors or contractors whose actions contribute to fatal workplace accidents

Why Hiring a Wrongful Death Attorney May Benefit Your Case

Navigating complex wrongful death claims takes specialized knowledge that most grieving families may not possess. Having a knowledgeable attorney manage your case provides critical advantages throughout the process, including:

• Comprehensive investigation
• Identifying all possible liable parties
• Accurately assessing and valuating your claim to ensure full and fair compensation
• Managing negotiations with the insurance company on your behalf

Our Cooney & Conway attorneys in Chicago are prepared to fight tirelessly for the compensation you deserve, giving you the ability focus on your emotional healing rather than trying to navigate a complex legal during a difficult and devastating time.

Get Justice for Your Loved One. Contact Our Trusted Chicago Law Firm Today

Losing a family member due to negligence creates immeasurable pain that no family should have to endure. During this time it is critical to have highly competent legal representation that understands both the emotional and financial devastation following the wrongful death of a loved one.

At Cooney & Conway, we handle all aspects of your wrongful death claim, allowing your family to focus on healing. Our experienced attorneys work on a contingency basis, so there are no upfront costs or fees to worry about throughout the legal process.

Contact our Chicago law firm today or complete our confidential case evaluation form to learn more about how we can help your family secure the justice you deserve and the financial security you need during this difficult time.

Experienced Lawyers. Proven Results. Call: (800) 322-5573 today.