Losing someone you love is devastating, and nothing about the legal process changes that. No lawsuit, no settlement, and no amount of compensation can restore what your family has lost. But when a death results from someone else’s negligence, recklessness, or wrongful conduct, your family has the right to seek accountability and the financial support you need to move forward. At Mike Agruss Law, we handle wrongful death cases with the compassion and dedication your family deserves, guiding you through every step so you can focus on healing.
What Is a Wrongful Death Claim Under Illinois Law?
Illinois defines wrongful death through the Illinois Wrongful Death Act (740 ILCS 180/). Under that law, a wrongful death occurs when a person’s death is caused by the wrongful act, neglect, or default of another party, and the circumstances are such that the deceased would have had the right to sue for damages had they survived. The Act gives surviving family members a legal path to hold the responsible party financially accountable.
Unlike a personal injury claim, which the injured person files on their own behalf, a wrongful death claim is filed by the personal representative of the deceased’s estate on behalf of the surviving next of kin. The distinction matters both legally and practically. The estate administers the claim, but the compensation flows to the surviving spouse, children, and other next of kin who depended on and loved the person who was lost.
The personal representative named in the deceased’s will, or appointed by the court if no will exists, steps into this role. If your family does not yet have a personal representative in place, our attorneys can help you understand what that process looks like and how it connects to your wrongful death claim. We work alongside estate attorneys when needed to make sure nothing falls through the cracks.
Who Can File a Wrongful Death Lawsuit in Oak Brook?
Surviving Spouse
When a married person dies as a result of another party’s negligence, the surviving spouse is typically the first in line to benefit from a wrongful death recovery. The loss of a partner touches every aspect of life, financial, emotional, and practical, and Illinois law recognizes that depth of loss in the damages available to a surviving spouse.
Children of the Deceased
Minor and adult children of the deceased may also share in a wrongful death recovery. Children who lose a parent lose not only financial support but also years of guidance, mentorship, and love that cannot be replaced. Illinois courts take seriously the long-term impact of that loss on a child’s life, and it is reflected in the damages the law allows families to pursue.
Parents (If No Spouse or Children)
When the deceased did not have a surviving spouse or children, the parents of the deceased may be entitled to bring a wrongful death claim. A parent’s grief over the loss of a child, regardless of the child’s age, is profound, and Illinois law provides a path for parents to seek compensation for that loss and for the financial support they may have relied upon or expected.
Other Next of Kin
If no spouse, children, or parents survive, other next of kin, such as siblings, may be eligible to recover under Illinois’s wrongful death statute. The specific eligibility and priority of different family members can become complex, particularly in blended families or situations involving estrangement. An experienced attorney can help your family sort through these questions clearly and honestly.
In all cases, the personal representative of the estate is the party who formally files the wrongful death lawsuit. This is a procedural requirement under Illinois law, not a limitation on who ultimately benefits from the recovery. We can help your family identify who serves in that role and ensure the claim is properly brought on behalf of everyone who is entitled to compensation.
Common Causes of Wrongful Death in Oak Brook
- Car and Truck Accidents
- Accidentes en vehículos compartidos
- Accidentes por resbalones y caídas
- Workplace Accidents
- Nursing Home Neglect or Abuse
- Defective Products
What Compensation Can Your Family Recover?
- Funeral and Burial Expenses
- Medical Bills Before Death
- Lost Income and Financial Support
- Loss of Companionship and Guidance
- Grief, Sorrow, and Mental Suffering
- Indemnización punitiva
In most wrongful death cases, damages are designed to compensate the family for their losses. But in cases where the responsible party’s conduct was particularly egregious, such as a drunk driver who caused a fatal crash or a company that knowingly sold a dangerous product, the court may award punitive damages as well. Punitive damages are intended to punish the wrongdoer and deter similar conduct, and they can significantly increase the total recovery available to your family.
What To Do After Losing a Loved One to Negligence in Oak Brook
- Allow Yourself to Grieve: You do not need to have everything figured out right away. The legal process can wait a few days while you focus on your family and begin to process what has happened. That said, some steps are time-sensitive, particularly when it comes to preserving evidence and meeting notice requirements, so reaching out to an attorney sooner rather than later gives your family the best chance of protecting its legal rights while you attend to what matters most right now.
- Preserve Evidence: If it is safe to do so, document the scene of the accident or incident with photographs. Preserve any physical evidence, written communications, or records related to what happened. Do not discard anything that might be relevant, even items that do not seem significant to you now may prove important later. Our legal team will take it from there and work to gather everything needed to build a strong case.
- Do Not Speak with the Responsible Party’s Insurance Company: Insurance adjusters may contact you quickly after your loved one’s death, often presenting themselves as helpful and sympathetic. Their goal, however, is to protect their company, not your family. Anything you say can be used to minimize or deny your claim. You are not required to speak with them, and you should not do so before consulting with an attorney. Let us handle all communication with the insurance company on your behalf.
- Request a Death Certificate and Medical Records: Obtaining a certified copy of the death certificate and any medical records related to your loved one’s care will be important for the legal process. If the death followed an accident, the police report is also a critical document to secure. These records form the foundation of your claim, and our team can assist you in obtaining any records that are difficult to access.
- Contact 844SeeMike: When your family is ready, we are here. Call us any time, day or night, at (312) 818-5539. There is no obligation, no pressure, and no cost to speak with us. We will listen to what happened, answer your questions honestly, and explain your family’s options clearly. If we take your case, we handle everything, so your family can focus on healing.
Frequently Asked Questions About Wrongful Death Claims in Oak Brook
How long do I have to file a wrongful death lawsuit in Illinois?
In most cases, you have two years from the date of your loved one’s death to file a wrongful death lawsuit in Illinois under 735 ILCS 5/13-202 and the Illinois Wrongful Death Act (740 ILCS 180/2). Certain exceptions apply, for example, if the responsible party is a government entity, you may need to file a notice of claim within as little as one year. Acting quickly protects critical evidence and preserves your family’s legal options.
Who can sue for wrongful death in Illinois?
The personal representative (executor or administrator) of the deceased’s estate files the lawsuit. The resulting compensation, however, is distributed to the surviving spouse and next of kin, typically the spouse and children first, then parents, then other next of kin if no closer relatives exist. An attorney can help your family determine how this applies to your specific situation.
What is the difference between a wrongful death claim and a survival action?
A wrongful death claim compensates the surviving family for their losses, such as lost financial support, companionship, and grief. A survival action, governed by 755 ILCS 5/27-6, compensates the deceased’s estate for the pain, suffering, and losses the deceased personally experienced between the time of injury and death. In many cases, both claims are filed together, and an experienced attorney can pursue both on your family’s behalf.
What if the responsible party was criminally charged?
A civil wrongful death claim is completely separate from any criminal prosecution. Criminal charges are brought by the state and can result in prison time; a civil lawsuit is brought by your family and can result in financial compensation. You can pursue a wrongful death claim regardless of whether criminal charges are filed or result in a conviction, and the outcome of a criminal case does not control the outcome of your civil case.
What does it cost to hire a wrongful death attorney?
Mike Agruss Law handles wrongful death cases on a contingency fee basis. You pay nothing unless we recover compensation for your family. Our fee is one-third of the recovery. There are no upfront costs, no hourly charges, and no out-of-pocket expenses. The consultation is always free, and you are under no obligation after speaking with us.
How long does a wrongful death case take?
The timeline varies considerably depending on the complexity of the case, the number of parties involved, and whether the case settles or goes to trial. Some cases resolve within months through negotiation; others, particularly those involving contested liability or serious damages, may take a year or more. We keep families informed throughout the process and move as efficiently as possible, while making sure your family receives the full compensation it deserves.
We Are Here for Your Family
You do not have to navigate this alone. 844SeeMike has helped thousands of Illinois families through some of the hardest moments of their lives, securing the accountability and financial stability they needed to move forward. We handle wrongful death cases throughout Oak Brook and DuPage County, and we are available around the clock because we know grief does not follow business hours.
There is no obligation, no upfront cost, and no fee unless we win. Call us any time at (312) 818-5539 for a free case review. We are ready to listen, and we are ready to fight for your family.
