Experienced, Compassionate Representation In Illinois Wrongful Death Litigation
Last updated on July 16, 2025
When you lose a parent, spouse or child because of another party’s negligence, you may have cause for a wrongful death claim.
At Cassian & Carter LLC, we understand what it’s like to lose someone you love when this could have been prevented. When he was 13, firm founder Bill Cassian lost his father to a heart attack due to a medical provider’s negligence. We offer a free consultation so that you can better understand your rights and options. Call our Joliet office at 815-714-7118 so that we can answer your questions.
Which Benefits Are Available In A Wrongful Death Claim?
Every situation is different, but in many cases, you can sue for damages that include current and future lost wages, lost companionship or consortium for spouses and children, and medical and funeral expenses. Attorney fees are also pursuable.
Who Can File A Wrongful Death Claim?
It varies by state who is eligible under the law to file a wrongful death suit. In Illinois, children and surviving spouses can file a suit and recover damages. In cases where there are no surviving spouses or children, then the parents or siblings of the deceased are eligible to file. It’s best to speak with an experienced wrongful death attorney about your specific situation.
Should You File A Claim?
While money or “compensation” may be the furthest thing on your mind, the question of whether or not to file is worth asking. The reasons to file are that after a loved one dies you will need time off. You will also need to still pay bills. Working full time can be overwhelming after a loss. Attaining compensation, in some cases significant compensation, can ease the burden that is on your family by providing much-needed financial support. It may be in your best interest to consult a knowledgeable personal injury attorney and find out what your wrongful death case might be worth, given the details of your case. You will then get a more accurate picture of what is potentially available.
Understanding Wrongful Death Claims
Wrongful death claims arise from various tragic circumstances and require understanding key legal concepts to protect your family’s rights. These cases involve complex legal distinctions that affect compensation and filing procedures.
What Constitutes A Wrongful Death?
A wrongful death case requires proving that the deceased would have had a valid personal injury claim if they had survived. This means demonstrating that another party’s negligence or wrongful conduct directly caused the death. Common scenarios include fatal car accidents caused by drunk drivers, surgical errors resulting in patient death or workplace accidents due to safety violations.
Differences Between Wrongful Death And Malpractice
While medical malpractice can be the basis for wrongful death claims, not all wrongful death cases involve medical negligence. Medical malpractice specifically refers to health care providers failing to meet accepted standards of care, while wrongful death encompasses any preventable death caused by another’s negligence. Both types of cases allow recovery of medical expenses, lost income and other damages.
What Are Survival Actions
Survival actions differ from wrongful death claims by seeking compensation for what the deceased experienced before death. These claims recover medical bills, pain and suffering endured by the deceased, and lost wages from injury to death. Survival actions become part of the deceased’s estate, while wrongful death benefits go directly to surviving family members.
What Are Bystander Recovery Claims
Illinois law allows certain family members who witness traumatic events to recover emotional damages even if they were not physically injured. These bystander recovery claims typically apply to parents who witness their children’s serious injuries or deaths, or spouses who observe their partner’s fatal accident.
Are You Eligible To File A Wrongful Death Claim?
Wrongful death claims in Illinois can be filed by specific family members as designated by state law. Economic damages and noneconomic damages are available to qualifying survivors. Economic damages include lost income and medical expenses incurred before death. Noneconomic damages compensate for loss of companionship and emotional support.
The statute of limitations for filing is generally two years from the date of death. Insurance companies often attempt to minimize payouts, making it crucial to consult with an experienced injury attorney promptly. In cases involving particularly egregious conduct, punitive damages may also be available to punish the wrongdoer and deter similar behavior. Understanding these eligibility requirements and compensation options helps families make informed decisions during difficult times.
Speak With Cassian & Carter LLC For Support
We know that after losing a loved one it can be difficult to make decisions and move forward. Our firm offers a free consultation so that you can get your questions addressed at no cost or obligation. Call our Joliet office at 815-714-7118. You can also send an email to the firm.