In Illinois, a wrongful death claim arises when someone dies because of another party's negligence, recklessness, or intentional misconduct. Fatal vehicle collisions, medical negligence, nursing home neglect, workplace incidents, and unsafe premises are the most common sources. Brandenburg & Rees represents surviving families across Central Illinois and the Metro East.
Two claims, one case
- The Wrongful Death Act compensates the surviving spouse and next of kin for their own losses: financial support, companionship, guidance, and grief, sorrow, and mental suffering.
- The Survival Act allows the estate to recover what the deceased person could have claimed had they lived, including conscious pain and suffering before death, medical expenses, and lost wages between injury and death.
Funeral and burial expenses are also recoverable. In cases involving especially egregious conduct, punitive damages may be available under recent changes to Illinois law.
Who can bring the claim
A wrongful death action is filed by the personal representative of the estate, usually a spouse or adult child appointed by the probate court, for the benefit of the surviving spouse and next of kin. If no estate has been opened, we handle that step. Recovery is distributed among family members according to their dependency on the deceased.
Deadline
A wrongful death lawsuit must generally be filed within two years of the date of death. Shorter deadlines apply when a city, county, or other public body is involved. Because the claim also depends on the same evidence as any injury case, and that evidence disappears quickly, families should speak with an attorney soon, even while grief makes it difficult.
How we approach these cases
- We investigate immediately, preserving vehicle data, medical records, incident reports, and witness accounts.
- We work with economists and, where needed, medical experts to document the full financial and personal loss to the family.
- We handle probate, liens, and distribution so the family has one point of contact.
- We prepare every case for trial. Insurers pay fair value to firms they know will try the case.
There is no fee to the family unless we obtain a recovery. We advance the case costs, and our fee comes out of the recovery, never out of your pocket.
Common questions
Who can file a wrongful death claim in Illinois?
The personal representative of the deceased person's estate files the claim on behalf of the surviving spouse and next of kin. If no estate exists, one is opened for that purpose. We handle that step for families.
What can a family recover?
Loss of financial support, loss of companionship and guidance, grief and mental suffering of the survivors, funeral and burial expenses, and, through a companion Survival Act claim, the deceased person's own medical expenses, lost wages, and conscious pain and suffering before death.
How long do we have to file?
Generally two years from the date of death, with shorter notice periods when a government body is involved. Contact an attorney as early as you are able; the evidence needed to prove the case does not wait.
Does a criminal case against the person responsible affect our claim?
A criminal prosecution is separate and does not prevent a civil wrongful death claim. A conviction can be helpful evidence, but the civil case can proceed and succeed even without one.
This page provides general information about Illinois law and is not legal advice. Reading it does not create an attorney-client relationship with Brandenburg & Rees, LLP. Laws change and every situation is different; consult an attorney about your specific circumstances.
