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Losing someone you love is one of the most painful experiences a family can face. When that loss results from someone else’s careless or reckless behavior, the grief is often mixed with anger, confusion, and unanswered questions. A wrongful death claim cannot undo what happened. What it can do is hold the responsible party accountable and provide financial support for a family that may be struggling in ways that were never part of their plan.
At Hecht Schondorf, LLC, we understand that families in Northbrook and throughout Cook County are navigating one of the most difficult situations imaginable. Our attorneys are here to help you understand your options, protect your rights, and pursue the compensation your family may be entitled to under Illinois law.
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Wrongful death is a legal term for a death caused by the negligent, reckless, or intentional conduct of another person, company, or government entity. In plain language, it means someone died because of what another party did or failed to do, and that party could be held legally responsible.
Illinois law defines wrongful death as a death that results from the wrongful act, neglect, or default of another party. The key word is “wrongful,” which in legal terms generally means that the death occurred because someone failed to meet a standard of care they owed to the person who died.
Negligence, one of the most common legal theories in wrongful death cases, means that a person or entity acted in a way that a reasonably careful person would not have, or failed to act in a way that a reasonably careful person would have. Negligence is not limited to dramatic failures. It can include something as routine as a driver running a red light on Waukegan Road, a hospital staff member failing to catch a dangerous medication error, or a property owner ignoring a known hazard.
Illinois law provides a civil remedy, meaning a lawsuit filed in civil court rather than criminal court, for families in these situations. A wrongful death case is separate from any criminal charges that might be filed. Even if no one is charged with a crime, a civil claim may still be possible.
Some common circumstances that may give rise to a wrongful death claim include:
This is not a complete list. If you believe a loved one’s death could have been prevented had someone acted more carefully, it may be worth speaking with a wrongful death lawyer to understand whether a claim is viable.
It is also worth knowing that Illinois recognizes two separate but related legal claims that may apply after a fatal injury:
Both claims can often be pursued at the same time, depending on the facts of the situation. An attorney can help you understand which applies to your case and whether both are worth pursuing.
Not everyone can file a wrongful death lawsuit. Illinois law specifies who is legally permitted to bring this type of claim.
Under Illinois law, a wrongful death action is generally filed by a personal representative of the deceased person’s estate. That representative then pursues the claim for the benefit of certain surviving family members. The people who may benefit from the claim typically include:
If there is no surviving spouse, the next of kin, typically children and then parents, may have standing to benefit. In situations where there is no surviving spouse or next of kin, a court may appoint a personal representative to bring the action on behalf of the estate.
One point that surprises many families is that the person filing the lawsuit is not always the person who ultimately receives the compensation. The personal representative acts on behalf of the family as a whole. How any recovery is distributed depends on the specific circumstances and the court’s determination.
If you are unsure whether you have standing to file a claim, or who should serve as the personal representative, that is exactly the kind of question our law firm can help you work through.
This is often the first practical question families ask, and it is a reasonable one. Damages, meaning the financial compensation a court may award or that a settlement may provide, can be significant in wrongful death cases. Illinois does not cap the amount of damages available in most wrongful death claims, which means there is no preset limit on what a family may recover.
Damages in a wrongful death case generally fall into two broad categories: economic and non-economic.
Economic damages are the measurable financial losses, including:
Non-economic damages are harder to put a number on but are equally real:
One thing worth understanding is that the value of a wrongful death case depends heavily on the specific circumstances. The age of the deceased, their income, the nature of the relationship with surviving family members, and the strength of the evidence all play a role. Two cases involving similar accidents may result in very different outcomes. An attorney can help evaluate what your family’s claim may realistically be worth.
Civil cases, including wrongful death claims, use a different standard of proof than criminal cases. In a criminal case, the prosecution must prove guilt “beyond a reasonable doubt,” which is a very high bar. In a civil wrongful death case, the plaintiff, meaning the person or representative bringing the claim, must prove the case by a “preponderance of the evidence.” This means it is more likely than not that the defendant’s conduct caused the death.
To succeed, a wrongful death claim generally requires showing four things:
Evidence matters enormously in these cases. Accident reports prepared by the Northbrook Police Department, medical records from area facilities, eyewitness accounts, surveillance footage, expert testimony, and physical evidence from the scene can all be relevant. Gathering and preserving that evidence quickly is one of the most important things a legal team can do in the early stages of a case.
Actually, one thing many families do not realize is how quickly evidence can disappear. Surveillance footage gets overwritten. Witnesses’ memories fade. Physical conditions at an accident scene change. Vehicles are repaired or scrapped. Starting the investigation early gives your legal team a better chance of building a strong, well-documented case.
The statute of limitations, meaning the legal deadline for filing a lawsuit, is one of the most critical factors in any wrongful death case. Missing this deadline can result in losing the right to pursue a claim entirely, regardless of how strong the case might otherwise be.
In Illinois, the statute of limitations for wrongful death cases is generally two years from the date of the person’s death. Two years may feel like a long time when you are in the middle of grief, but it passes faster than most families expect, particularly when you account for the time needed to investigate the circumstances, gather evidence, identify all responsible parties, and prepare a proper legal filing.
There are some limited exceptions that may apply in certain circumstances, such as cases involving minors or situations where the cause of death was not immediately apparent. However, relying on an exception is risky. The safest approach is to consult with a wrongful death attorney as soon as possible after the loss.
Illinois follows a comparative fault rule in civil cases. This means that even if the person who died contributed in some way to the circumstances of their death, a claim may still be possible. Their share of fault may reduce the amount of compensation available, but it does not automatically bar the claim.
For example, if a pedestrian was struck and killed near one of Northbrook’s busy commercial corridors and was found to have crossed outside of a crosswalk, that fact might be weighed against the claim. But if the driver was also speeding or failed to yield, the driver’s fault may still be significant enough to support a recovery.
Defendants and insurance companies often try to shift blame onto the deceased as a way to reduce or eliminate their liability. This is one reason why having an attorney who understands how to counter these arguments and present the evidence in the most favorable light can matter so much.
Our law office handles wrongful death claims with the understanding that every case involves a real family and a real loss. We approach each matter by taking the time to understand the specific facts, identify all potentially responsible parties, and pursue every avenue of compensation that may be available.
Wrongful death cases can involve multiple legal theories and more than one defendant. A fatal truck accident might involve the driver, the trucking company, and possibly the company responsible for vehicle maintenance. A death at a nursing facility might involve both the facility and individual staff members. Identifying all of the parties who may share responsibility is part of building a thorough claim.
Our attorneys are also prepared to work with medical professionals, accident reconstruction specialists, and other qualified experts when the facts of a case require it. Building a credible, well-supported claim takes preparation, and we take that responsibility seriously.
If you have lost a family member and believe another party’s negligence or wrongful conduct was responsible, you do not have to figure this out alone. The attorneys at Hecht Schondorf, LLC are available to review your situation, answer your questions, and help you understand whether a wrongful death claim may be an option for your family.
Time is a factor in these cases. The sooner you reach out, the more time there is to preserve evidence, meet legal deadlines, and build the strongest possible case on your family’s behalf. Contact our office to schedule a consultation and take the first step toward understanding your rights.
