As a former trial attorney with more than a decade of litigation experience, Jamie L. Pfeiffer writes trustworthy, engaging and informative content for law firm websites, legal publications and online legal resources. She has a knack for demystifying complicated legal issues and helping ensure civil justice procedures are understandable and accessible for everyone.
Jamie Pfeiffer
As a former trial attorney with more than a decade of litigation experience, Jamie L. Pfeiffer writes trustworthy, engaging and informative content for law firm websites, legal publications and online legal resources. She has a knack for demystifying complicated legal issues and helping ensure civil justice procedures are understandable and accessible for everyone.
Adam has resided at the intersection of legal and journalism for two decades. An award-winning journalist and legal strategist, he’s covered high-profile trials in Florida.
After law school, Adam and spent two years clerking for a U.S. District Court judge. He researched and wrote legal precedent in published opinions on behalf of the Court.
He has been an editor, columnist and journalist at the Miami Herald, The Dallas Morning News, The Oregonian, Golf Digest, FindLaw.com and other media outlets.
He lived in Colombia and Argentina teaching legal English to attorneys and law students. He is also a Spanish-language subject matter expert.
An avid waterman, he surfs and scuba dives frequently.
Reviewed
Adam Ramirez, J.D.
Adam has resided at the intersection of legal and journalism for two decades. An award-winning journalist and legal strategist, he’s covered high-profile trials in Florida.
After law school, Adam and spent two years clerking for a U.S. District Court judge. He researched and wrote legal precedent in published opinions on behalf of the Court.
He has been an editor, columnist and journalist at the Miami Herald, The Dallas Morning News, The Oregonian, Golf Digest, FindLaw.com and other media outlets.
He lived in Colombia and Argentina teaching legal English to attorneys and law students. He is also a Spanish-language subject matter expert.
An avid waterman, he surfs and scuba dives frequently.
Editorial Note: We earn a commission from partner links on Forbes Advisor. Commissions do not affect our editors' opinions or evaluations.
The death of a loved one can cause significant financial distress. Medical bills, funeral expenses and lost wages can compound their family’s suffering and make it even harder to recover from their loss.
Illinois’s wrongful death law allows surviving family members to pursue compensation when a loved one’s death was caused by another party’s negligence, wrongful act or omission. Consulting with an experienced attorney can help you understand your options. The following are 10 of the best wrongful death lawyers in Chicago, IL.
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Best Wrongful Death Lawyers Chicago, IL (2024)
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Filing a Wrongful Death Lawsuit in IL
Illinois law allows the personal representative (sometimes called the executor) of a wrongful death victim to seek compensation for a death caused by someone’s negligence, wrongful act, or omission. Any amount recovered goes to the surviving spouse or next of kin.. This type of claim compensates family members for the damages their loved one’s death caused them to suffer, such as lost income, emotional suffering and loss of consortium (the value of their company).
Illinois also allows a deceased person’s representative to bring a “survival action” on behalf of the deceased person. The estate steps into the victim’s shoes to pursue the same types of damages as in a personal injury lawsuit: special damages (such as reimbursement for medical expenses and lost wages) and general damages (like pain and suffering). Damages received are distributed through the estate according to the will or intestacy statute.
Illinois Statute of Limitations
A statute of limitations is the amount of time you have to begin a lawsuit. If you don’t file a case before the statute of limitations expires, you will lose the right to recover compensation in court.
The Illinois statute of limitations for a wrongful death lawsuit is two years from the date the person dies. However, if the death results from violent, intentional conduct, the statute allows five years from the date of death.
In some cases, the Illinois State’s Attorney’s Office may bring criminal charges against someone for the death. If this happens, the deadline to file a wrongful death lawsuit is extended to one year after the final resolution of the criminal charges. This applies when a defendant is charged with first or second-degree murder, involuntary manslaughter or reckless homicide for the death of an adult, intentional homicide, voluntary or involuntary manslaughter or reckless homicide for the death of an unborn child or a drug-induced homicide.
In such a situation, extending the limitations period only applies to a lawsuit against the criminally charged party. For other potentially responsible defendants, the statute of limitations remains the same. For example, the family of a person killed by a mugger who claims a business negligently provided poor security in their parking garage would have one year after the criminal case ends to file suit against the mugger but only five years after the victim’s death to file suit against the business.
The statute of limitations for survival claims for the deceased person’s personal injuries based on negligence or medical malpractice is also two years, but this is often far from straightforward. The period may be suspended while the victim is disabled after an injury or may not begin to run until the victim or their estate knew or should have known their death was wrongful.
Calculating the length of time allowed to file a survival action can also be difficult in cases where a person’s death was due to a long-term or series of exposures to toxic chemicals, radiation or other hazards. If the responsible party is charged with first-degree murder or another class X felony, the two-year statute of limitations does not begin to elapse until the criminal case ends or the party is released from incarceration (whichever is later).
As you can see, it can be challenging to determine precisely how much time you have to file a lawsuit for wrongful death or a survival action. The best thing you can do is contact one of the best wrongful death lawyers in Chicago, IL, as soon as you can after the death of a loved one. An experienced attorney can help you understand the process of opening an Estate on the deceased person’s behalf and pursuing legal claims related to their death.
Identifying Fault for an Illinois Wrongful Death
To succeed in a wrongful death claim, the plaintiff must prove that the death resulted from another party’s wrongful act, neglect, or default. This includes deliberate acts of murder and deaths resulting from intentionally inflicted injuries, even if the perpetrator didn’t intend to kill their victim.
It also includes deaths caused by someone’s negligence, which is the failure to fulfill the duty of care they owed to the deceased. Negligence can be based on an action (such as driving too fast for road conditions) or an omission (like failing to perform safety checks required by law). Medical malpractice can also form the basis for a wrongful death action if a medical professional fails to act with the degree of professional care and competence the law requires.
Illinois follows the doctrine of comparative negligence, which means that a victim’s own negligence doesn’t bar their representatives from filing a wrongful death or survival action. If the court finds that the deceased person was partially responsible for the occurrence that led to their death, the compensation the estate recovers may be reduced proportionately by the degree of their fault.
How Can an Attorney Help You?
Compensation in wrongful death cases and survivor actions aims to provide financial support to the surviving family members and compensate them for their intangible losses.
Recoverable damages can include:
- Funeral and burial expenses
- Medical bills
- Lost financial support (including lost wages and benefits)
- Loss of consortium (society, companionship and sexual relationship with a spouse)
- Loss of parental guidance (instruction, education, and moral training for surviving children)
- Pain and suffering on behalf of the deceased person
- Grief, sorrow and mental suffering on behalf of the survivors
The best wrongful death lawyers in Chicago, IL, will help you calculate the true value of the claims you can bring on behalf of your loved one and family members. Although it’s possible to file an insurance claim or lawsuit without an attorney, the process is complicated, time-consuming and confusing. Insurance companies fight hard to avoid admitting liability and take many steps to cause delays and increase litigation costs.
Hiring a lawyer has many advantages. The best wrongful death lawyers in Chicago, IL, can access investigative resources not available to you individually, such as medical experts, testing facilities, and evidence from other cases. They have the resources to finance and prepare lengthy claims against powerful defendants. A lawyer will also support you through the entire litigation process, ensuring you understand what’s occurring and feel empowered to make informed decisions.
How to Find the Best Wrongful Death Lawyers in Chicago, IL
Finding a lawyer to help pursue your claims after a wrongful death can seem overwhelming. Here’s how to get started.
Ask for Referrals
Check in with your friends, family, and social groups to find the best wrongful death lawyers in Chicago, IL. Ask them to share your request for referrals on their social media networks if they don’t have experience with anyone personally. If you have particular issues, such as claims against a police department or other government agency or a claim related to an environmental or toxic hazard, do an internet search to find lawyers who currently handle those types of specialized cases.
Check Their Credentials
Once you get a few recommendations, research their online biographies, reviews and other client feedback. Check with the Attorney Registration and Disciplinary committee to ensure they are licensed in good standing with no history of discipline. Ensure they have experience with wrongful death cases with facts similar to yours.
Find the Chemistry
Wrongful death cases can take many months or even years to resolve. You need a lawyer you can feel comfortable with and whose communication style is compatible with your own. Some attorneys are willing to communicate with clients using videoconferencing software like Zoom, while others prefer in-person consultations, telephone calls, email or text. If it’s easier to converse with your lawyer in another language, ensure they (and their staff) are fluent.
Consider the Cost
An initial consultation with an attorney for a wrongful death case is usually free. Most of the best wrongful death lawyers in Chicago, IL, will propose a contingency fee arrangement if they agree to take your case. You won’t be liable for their fees unless they negotiate a settlement or win a verdict on your behalf; if they do recover, the lawyer will keep a percentage (usually between 33% and 40%) as their compensation.
Discuss the Possibility of Litigation
Although most lawsuits settle before trial, cases involving wrongful deaths can involve high-damage claims and high-profile allegations of wrongdoing. Make sure a lawyer has the experience and resources to litigate your case before a judge or jury in Illinois state or federal courts if your case doesn’t settle.
Methodology
To come up with the Best Wrongful Death Lawyers Chicago, IL of 2024, Forbes Advisor considered many factors. Forbes Advisor’s mathematical module considers and weighs the information collected to calculate a specific rating. We review these results to find the best attorneys in a given practice area.
Within the model, we consider factors that legal professionals and consumers value in an attorney’s qualifications. After assigning weighted scores to hundreds of data points, we narrowed the field down to our top choices based on the following:
- Legal experience
- Special licenses & certifications
- Ethics and bar disciplinary measures
- Legal thought leadership
- Education & employment background
- Scholarly lectures & writings
- Awards & Honors
Forbes Advisor collects public data from various sources, including state bar associations, court records and other published sources on the internet. This information should not be considered comprehensive, however. It might not include additional relevant information on an attorney’s legal skills and experience.
Each lawyer listed here has their own merits. Remember that our list relates to these lawyers’ legal backgrounds but does not evaluate their personalities or knowledge of the law. One attorney may be more suitable than another for your specific legal situation.
One thing that can’t be quantified, though, is the rapport you establish with your attorney. Personality goes a long way when teaming up with an attorney, especially when facing a potentially tricky legal situation. These rankings should serve as a reference and potential starting point in your search for the right lawyer for you and your legal concerns.
Frequently Asked Questions (FAQs)
What is the average wrongful death settlement in Chicago, IL?
Wrongful death settlements vary widely depending on the facts of each case, the quality of the evidence and many other factors. A substantial percentage of settlements are confidential and do not publicly disclose their value. This makes it impossible to estimate the average wrongful death settlement in Chicago, IL, with any degree of accuracy.
The recent change in Illinois law, amending the Wrongful Death Act to allow punitive damages in certain wrongful death cases, may also lead to a few extraordinarily high awards; these outlier cases would further reduce the credibility of any calculated average.
What questions should I ask for a wrongful death case?
Your first question should relate to whether your loved one had a valid will. If so, you must begin the probate process and certify the personal representative (or executor) named in their will. If they did not have a valid will, you will need to begin court proceedings to have a personal representative appointed. The best wrongful death lawyers in Chicago, IL, can also help you with this process, but finding out whether a valid will exists before you meet with an attorney is very helpful.
What should I do after a wrongful death?
If you believe that your loved one’s death was caused by an individual or entity’s wrongful act, negligence or omission, you should contact an experienced attorney immediately. Do not agree to make any statements or recordings related to the occurrence (to the police, any attorney who isn’t representing you, insurance company representative or member of the media) and don’t post anything related to the occurrence on social media until you meet with an attorney.
