Wrongful Death Attorney in Chicago, IL

In Illinois, wrongful death claims are governed by the Illinois Wrongful Death Act or Illinois Compiled Statutes 740 section 180. According to the statute, a wrongful death occurs when a person dies as a result of another party’s "wrongful act, neglect or default."

The statute also states that the wrongful death claim must be filed by the personal representative of the deceased person’s estate — commonly referred to as an executor. If the deceased failed to appoint someone as the personal representative prior to death, one may be named by the court. Your Chicago wrongful death attorney can discuss and review your case for free, as well as provide a step-by-step projection of your claim.

Chicago Wrongful Death Attorney: How Long Do I Have to File?

The general statute of limitations for your Chicago wrongful death attorney to file is two years. However, if the person died as a result of "violent intentional conduct," the lawsuit must be filed within five years of the date of the death. Your Chicago wrongful death attorney may bring a claim one year after the criminal case is completed if the person or organization who caused the death was charged with any of the following crimes in relation to the death:

• First- or second-degree murder
• Intentional homicide or voluntary manslaughter of an unborn child
• Involuntary manslaughter or reckless homicide of an unborn child
• Drug-induced homicide

Chicago Wrongful Death Attorney: What Damages are Available?

Section 2a of the statute allows family members to recover for "the pecuniary injuries resulting from death, including damages for grief, sorrow, and mental suffering, to the surviving spouse and next of kin of such deceased person." Damages are intended to compensate you not only for the financial loss associated with the death of your loved one, but also for intangible losses. Common damages your Chicago wrongful death attorney demands include:

• Loss of financial support the deceased would have provided, including lost wages and benefits
• Loss of consortium
• Loss of instruction, education and moral training the deceased would have provided
• Survivors’ grief, sorrow and mental suffering

Although, in most instances, you and your wrongful death attorney have two years to file a wrongful death lawsuit, a lot can change in that time. It is best to contact a Chicago wrongful death attorney as soon as possible after your loss. The skilled, experienced and knowledgeable wrongful death attorney team at Burger Law is well prepared to help ensure key evidence is documented and preserved. As time wears on, many witnesses can struggle to accurately recall precise details and locations can change. So, immediately following the death, your Chicago wrongful death attorney secures and photographs the scene and makes sure that witness interviews are correctly conducted and filed.