Naperville Wrongful Death Attorneys
Losing a family member because of someone else’s negligence can leave you with questions that are difficult to answer while you are grieving. Who is legally responsible? Who can file a wrongful death lawsuit in Illinois? What compensation can your family recover? How long do you have to take legal action?
The Naperville wrongful death lawyers at Chute, O’Malley, Knobloch & Turcy, LLC help families answer those questions and hold negligent parties accountable. Our personal injury attorneys have more than 50 years of combined experience, and our firm has recovered millions of dollars for injured clients and their families.
We represent families throughout DuPage County and across Illinois. Your initial consultation is free, and you pay no attorney fees unless we recover compensation for you.
“When a family loses someone because of another person’s negligence, they deserve accountability. Our job is to take on the legal burden, uncover what happened, and pursue the full compensation the law allows.”
Call (312) 775-0042 to speak with a Naperville wrongful death attorney about your family’s case.
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What Is Wrongful Death in Illinois?
A wrongful death claim may arise when a person dies because of another party’s wrongful act, neglect, or default. Generally, the question is whether your loved one would have had the right to pursue a personal injury claim if they had survived.
Wrongful death claims allow you to seek accountability and compensation when negligence or other wrongful conduct causes a preventable death.
When Does a Death Become a Wrongful Death Case?
Not every unexpected death creates a wrongful death claim. There must be a legal basis for holding another person, business, or organization responsible.
In a negligence case, this generally means establishing that the responsible party owed the deceased person a duty of care, breached that duty, and caused injuries that resulted in your loved one’s death.
What Types of Accidents Can Lead to Wrongful Death?
Wrongful death claims can arise from many of the same circumstances that lead to serious personal injury cases. The difference is that the injuries ultimately prove fatal.
Cases may involve:
- Car, truck, and motorcycle accidents
- Pedestrian and bicycle crashes
- Medical negligence
- Nursing home abuse or neglect
- Dangerous property conditions
- Construction and workplace accidents
- Defective products
- Other negligent or wrongful conduct
The cause of death also determines what evidence must be preserved, which laws apply, and which parties may be responsible.
Who Can Be Held Responsible for a Wrongful Death?
The liable party depends on how the fatal injury occurred. A negligent driver may be responsible for a deadly crash, while a trucking company could share responsibility for the conduct of its driver or its own negligent practices. Other cases may involve property owners, employers, contractors, healthcare providers, manufacturers, or other businesses.
Some wrongful death cases involve multiple responsible parties and multiple insurance policies. Our attorneys investigate beyond the most obvious cause of the accident to identify all liable parties and available sources of compensation.
Is Wrongful Death a Civil or Criminal Case?
A wrongful death lawsuit is a civil case, not a criminal prosecution. Its purpose is to hold responsible parties financially accountable for losses resulting from a person’s death.
A criminal case is brought by the government and can result in penalties such as imprisonment. The two proceedings are separate. A family may have grounds for a wrongful death lawsuit even when no criminal charges are filed, and a civil claim may proceed separately when criminal charges are pending.
Our Attorneys Are Prepared to Litigate Your Wrongful Death Case
Chute, O’Malley, Knobloch & Turcy, LLC is prepared to litigate when an insurance company or defendant refuses to fairly resolve your wrongful death claim.
Our attorneys build cases with the possibility of litigation in mind. That can mean preserving critical evidence, consulting experts, taking depositions, conducting written discovery, challenging defense arguments, and presenting evidence in court.
Many wrongful death cases are resolved through negotiated settlements, but accepting an inadequate settlement simply to avoid litigation may not serve a family’s interests. When a fair resolution cannot be reached, our attorneys are prepared to pursue your case through the Illinois court system and, when necessary, take it to trial.
The team at Chute O’Malley Knoblach and Turcy was phenomenal. They kept me well informed about my case and explained in detail the various situations and procedures of a personal injury lawsuit. I worked with Thomas Chute and Phil Turcy. They both were great in the handling of my case and were able to get a superb settlement for me. I highly recommend the firm and its
professional team. They are knowledgeable and well educated in handling any case. I can’t thank them enough.
Who Can File a Wrongful Death Lawsuit in Illinois?
An Illinois wrongful death lawsuit is brought by the personal representative of the deceased person’s estate for the benefit of the surviving spouse and next of kin.
This is an important distinction. A spouse, child, parent, or sibling does not necessarily file the lawsuit individually simply because that person is a surviving family member.
The personal representative may be an executor named in a will or an administrator appointed through the probate process. In some situations where the wrongful death claim is the estate’s only asset and no estate has been opened, an Illinois court may appoint a special administrator to pursue the action.
What Compensation Is Available in an Illinois Wrongful Death Case?
Illinois law permits surviving family members to seek compensation for the losses resulting from their loved one’s death. The value of your claim depends on the circumstances of the death and its effect on surviving family members.
Wrongful death damages can include compensation for:
Loss of Financial Support
Income and other financial contributions your loved one would reasonably have provided.
Loss of Services
The value of household work, childcare, and other services the person provided.
Loss of Society and Companionship
The loss of the relationship, companionship, and benefits received from having the deceased person in your life.
Grief, Sorrow, and Mental Suffering
Illinois law expressly allows compensation for these losses suffered by a surviving spouse and next of kin.
Illinois law permits punitive damages in certain wrongful death actions, although exceptions apply. No formula can measure what a person’s life meant to you. Determining damages instead requires evidence showing the financial and personal impact the death will have over time. Our attorneys work to document those losses rather than allowing an insurance company to reduce a person’s life to a simple calculation.
Wrongful Death vs. Survival Actions in Illinois
A fatal accident can result in both a wrongful death claim and a survival action. Although they may arise from the same incident, they address different losses and compensate different parties.
Wrongful Death Claims
A wrongful death claim focuses on the losses suffered by the surviving spouse and next of kin because of their loved one’s death.
Survival Actions
A survival action focuses on certain claims the deceased person could have pursued if they had survived. Rather than creating a new claim for the family, it preserves eligible claims that belonged to the deceased person.
How Can Our Naperville Wrongful Death Lawyers Help?
A wrongful death case can involve far more than submitting an insurance claim. Serious cases may require accident reconstruction, medical evidence, expert testimony, employment and earnings records, and an analysis of multiple insurance policies or responsible parties.
Our attorneys can:
- Investigate how and why the fatal incident happened
- Identify every responsible party
- Preserve physical, electronic, and documentary evidence
- Obtain accident reports, medical records, and other evidence
- Interview witnesses
- Work with appropriate expert witnesses
- Identify available insurance coverage
- Document the family’s financial and personal losses
- Handle communications with insurance companies and defense lawyers
- Negotiate for a fair settlement
- Prepare the case for trial when necessary
Families should be able to focus on one another rather than managing evidence requests, insurers, and litigation deadlines. Our role is to take responsibility for the legal case while keeping you informed about what is happening and why.
Frequently Asked Questions About Illinois Wrongful Death Claims
What must you prove in a wrongful death case?
The elements to be proven depend on the underlying claim, but a negligence-based wrongful death case generally requires evidence that the defendant owed a legal duty, breached that duty, and caused injuries that resulted in the person’s death. The family must also establish the damages resulting from the death.
Can several family members receive compensation?
Although the action is brought by the personal representative, the recovery is for the benefit of qualifying surviving family members. Illinois law provides for the court to determine distribution among the surviving spouse and next of kin based on their dependency on the deceased person.
What if my loved one was partially responsible for the accident?
Partial fault does not automatically eliminate an Illinois wrongful death claim. Illinois applies modified comparative-fault principles to the decedent’s conduct. The effect of fault depends on the percentage attributed to the deceased person and the circumstances of the case.
Are punitive damages available for wrongful death in Illinois?
Illinois amended its Wrongful Death Act in 2023 to permit punitive damages when otherwise applicable. However, punitive damages are not available in every wrongful death case; the statute contains exceptions, including for healing-art malpractice and certain governmental defendants.
Do I need to open an estate before filing?
Often, an estate representative is involved because Illinois requires the wrongful death action to be brought by the personal representative. However, Illinois law also provides a procedure for appointing a special administrator in cases where the wrongful death action is the estate’s only asset. An attorney can determine the appropriate procedure for your situation.
How much does a wrongful death lawyer cost?
Chute, O’Malley, Knobloch & Turcy handles personal injury and wrongful death matters on a contingency-fee basis. There is no attorney fee unless we obtain a recovery for you. Your initial consultation is also free.
How Long Do You Have to File a Wrongful Death Lawsuit in Illinois?
The deadline for filing an Illinois wrongful death lawsuit depends on the circumstances surrounding the death and the underlying claim. Different deadlines can apply in cases involving medical malpractice, government entities, and other specific defendants or causes of action. Because waiting too long can prevent a family from recovering compensation, it is important to determine the applicable deadline as soon as possible.
Speak With a Naperville Wrongful Death Attorney
No lawsuit can replace the person your family lost. A wrongful death claim can, however, provide a way to hold the responsible party financially accountable and address the economic and personal losses created by the death.
If negligence or wrongful conduct caused the death of someone in your family, Chute, O’Malley, Knobloch & Turcy, LLC can review what happened and explain your legal options.
Call (312) 775-0042 for a free consultation with a Naperville wrongful death lawyer. You pay no attorney fee unless we recover compensation for you.
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