If your loved one died due to a car accident, medical malpractice, a workplace incident, or another preventable event, you may be eligible to file a claim to receive compensation from the at-fault party. Understanding what qualifies as wrongful death can help you determine your legal options.
If you think you may have a wrongful death case, call Chute, O’Malley, Knobloch & Turcy, LLC at 312-775-0042 right away.
What Is Wrongful Death?
Wrongful death occurs when someone’s negligence, recklessness, or intentional actions cause another person’s death. When a wrongful death happens, surviving family members may have the right to file a wrongful death claim to seek compensation for their financial and emotional losses under the Illinois Wrongful Death Act.
A wrongful death claim is an action brought by family members of a deceased loved one whose death was caused by the negligent actions of another person or entity. This type of claim allows surviving family members to get compensation for the losses they incurred due to the death of their loved one. Eligible family members—such as spouses, children, or parents—can file a wrongful death claim to hold the responsible party or parties accountable.
According to the Illinois General Assembly, the Wrongful Death Act states, “Whenever the death of a person shall be caused by wrongful act, neglect or default, and the act, neglect or default is such as would, if death had not ensued, have entitled the party injured to maintain an action and recover damages, including punitive damages when applicable, in respect thereof, then and in every such case the person who or company or corporation which would have been liable if death had not ensued, shall be liable to an action for damages, including punitive damages when applicable, notwithstanding the death of the person injured, and although the death shall have been caused under such circumstances as amount in law to felony.”
In plain language, this means that if your loved one died due to a wrongful or negligent action or omission, and you are the decedent’s personal representative, you may sue for wrongful death. When you bring about a wrongful death lawsuit in Illinois, you’re essentially opening a claim to recover damages for your own losses that were the result of your loved one’s death and the impact it has had on you.
The Illinois Survival Act may also be applied if your loved one died because of someone else’s actions. This Act preserves the rights of the person who was killed to take legal action beyond their death. Unlike wrongful death claims, which compensate surviving family members for their losses, survival actions are filed on behalf of the decedent to recover that person’s losses.
What Warrants a Wrongful Death Suit?
Typically, any instance where an individual died due to the negligence, recklessness, or intentional conduct of another person or entity can warrant a wrongful death suit. Some examples of instances that could bring rise to a wrongful death lawsuit include:
Car Accidents
Auto accidents are a leading cause of wrongful death lawsuits. According to the NHTSA, over 29,000 people died in car accidents in the United States in the first nine months of 2024. The Illinois Department of Transportation (IDOT) reports that 1,196 people were killed in crashes in Illinois that year.
Medical Malpractice
Medical malpractice is another common reason wrongful death claims arise. Medication mistakes, surgical errors, and missed or delayed diagnoses are just a few of the ways negligent healthcare providers play a role in the deaths of patients.
Deaths Caused by Drownings
Drowning deaths are a preventable public health crisis. According to the World Health Organization (WHO), approximately 300,000 people worldwide die from drowning every year. Nearly 25% of those deaths happen to children under five years old.
Defective Products
Defective products, like faulty motor vehicle parts, defective appliances, hazardous toys and children’s products, and dangerous medical devices and medications play a role in approximately 22,000 deaths every year.
Elements of a Wrongful Death Case
Four elements must be present to have a successful wrongful death claim.
- Duty of Care – The defendant had a legal obligation to act with reasonable care to prevent harm. (e.g., drivers must follow traffic laws, doctors must provide competent medical care.)
- Breach of Duty – The defendant failed to uphold their duty of care through negligence, recklessness, or intentional misconduct. (e.g., a distracted driver ran a red light.)
- Causation – The defendant’s actions directly caused the death. The plaintiff must show that, if not for the defendant’s negligence or misconduct, the death would not have occurred.
- Damages – The death resulted in measurable losses, such as medical expenses, funeral costs, lost income, or emotional suffering for surviving family members.
Who Can Be Held Liable in a Wrongful Death Case?
In a wrongful death case, liability depends on the circumstances of the death and the parties involved.
Individuals – If a person’s negligence or intentional actions caused the death (e.g., a reckless driver, an attacker, or a doctor committing medical malpractice), they can be held liable.
Businesses – A company can be liable if a defective product, unsafe premises, or negligent security led to the death.
Property Owners – If a hazardous condition on someone’s property caused the fatal accident, the owner may be held accountable under premises liability laws.
Medical Professionals & Healthcare Facilities – Doctors, nurses, hospitals, and nursing homes can be sued for medical malpractice if negligence contributed to the death.
Government Entities – If a government agency’s negligence, such as unsafe road design or a failure to address known hazards, contributed to the death, they may be liable. However, sovereign immunity may limit claims.
Manufacturers & Distributors – If a defective product, such as a faulty vehicle part or unsafe drug, caused the death, the manufacturer, distributor, or retailer could be responsible under product liability laws.
Who Can File a Wrongful Death Lawsuit?
In Illinois, a wrongful death lawsuit must be filed by the personal representative (executor) of the deceased person’s estate on behalf of the surviving family members. If the deceased did not appoint a personal representative in their will, the court can appoint one.
Eligible Beneficiaries
The lawsuit is filed for the benefit of the deceased’s surviving family members, typically including:
- Spouse – The surviving spouse is the primary beneficiary.
- Children – If there is no spouse, the children are next in line.
- Parents – If the deceased was a minor or had no spouse or children, the parents may recover damages.
- Other Heirs – If no immediate family members exist, other next of kin may be eligible to receive compensation.
What Compensation Can You Recover in a Wrongful Death Case?
If you lost a loved one in a wrongful death case, you can typically recover compensation for lost income, medical bills, loss of companionship, the victim’s burial/funeral costs, and any other services the deceased would have provided had they not passed away. As of 2023, survivors can now also pursue punitive damages in wrongful death suits. Punitive damages exist to punish the liable party and to discourage similar behaviors. These are typically awarded on top of economic and non-economic damages.
Is There a Cap On The Damages I Can Recover?
There is no cap on damages in a wrongful death case in Illinois. The law allows families to pursue full compensation for their losses. The total recovery depends on factors like the deceased’s earning potential, the impact on surviving family members, and the strength of the evidence proving negligence. There is no limit to the amount you can recover.
Differences Between a Wrongful Death Claim and a Criminal Case
A wrongful death claim is a civil suit that is filed by the personal representative of the deceased. Any liability is explicitly displayed in terms of monetary damages. Conversely, a criminal case is filed by the state or federal government. If the defendant is found guilty, they may face penalties such as jail or prison time, probation, fines, or other legal consequences.
If the government is pursuing a criminal case, or one has already been resolved, you may still file a wrongful death lawsuit for the death. The outcome of a criminal case does not determine the outcome of a civil case, and vice versa. However, the outcome of a criminal case can be used as evidence in a civil case.
What Is the Statute of Limitations for Wrongful Death Cases?
Generally, if you intend to sue for wrongful death, you must do so within the time period established by the statute of limitations for the primary case type, or within one year of the decedent’s passing, whichever date is later.
Keep in mind that if you wait until after the statute of limitations has passed to file a lawsuit, the court won’t hear your case. You will lose your right to recover compensation through the legal system.
If your loved one has passed due to the negligence or wrongdoing of another, you may be entitled to compensation. Our attorneys here at Chute, O’Malley, Knobloch & Turcy, LLC are highly skilled in wrongful death law and have helped hundreds of other people just like you attain justice. Don’t allow those who’ve acted negligently or wrongfully to get away with what they’ve done. Don’t wait—contact us with your case right away.
Call the Naperville lawyers at Chute, O’Malley, Knobloch & Turcy, LLC today at 312-775-0042 to speak with an attorney about your case.
