Champaign Wrongful Death Lawyer
Losing a family member because of another person’s negligence can create emotional and financial hardship for an entire family. If your loved one died because of a car crash, truck accident, motorcycle collision, dangerous property condition, medical negligence, or another wrongful act in Champaign, Illinois, Patel Law, PC can help you understand the legal options available to the family.
Our Champaign wrongful death lawyers represent families throughout Champaign, Urbana, Champaign County, and Central Illinois. Wrongful death claims can involve complex questions about who may bring the action, who may receive compensation, what damages may be recovered, and how the claim should be handled through the deceased person’s estate.
Contact Patel Law, PC for a free consultation about an Illinois wrongful death claim.
What Is a Wrongful Death Claim in Illinois?
A wrongful death claim may arise when a person’s death is caused by a wrongful act, neglect, or default that would have allowed the injured person to pursue a claim if he or she had survived.
Examples may include deaths caused by:
- Car accidents;
- Truck accidents;
- Motorcycle accidents;
- Pedestrian or bicycle crashes;
- Dangerous property conditions;
- Medical negligence;
- Defective products;
- Nursing home neglect or abuse; and
- Other negligent or wrongful conduct.
Who Can File a Wrongful Death Lawsuit in Illinois?
Under the Illinois Wrongful Death Act, the action is generally brought in the name of the personal representative of the deceased person’s estate.
The recovery is generally for the benefit of the deceased person’s surviving spouse and next of kin. Depending on the circumstances, the personal representative may be an executor, administrator, or court-appointed special administrator.
If no estate has been opened and the wrongful death claim is the estate’s only asset, Illinois law may allow the court to appoint a special administrator for the purpose of pursuing the claim.
Who Receives the Compensation From an Illinois Wrongful Death Claim?
Although the personal representative brings the lawsuit, the recovery is generally for the benefit of the surviving spouse and next of kin.
Illinois law provides for the court to distribute the recovery among eligible beneficiaries based on their dependency on the deceased person and other applicable legal requirements.
What Damages Can Be Recovered in an Illinois Wrongful Death Case?
The damages available depend on the facts of the case and the losses suffered by the surviving family members.
Depending on the circumstances, a wrongful death claim may include compensation for:
- Loss of financial support;
- Loss of services;
- Loss of society and companionship;
- Grief;
- Sorrow;
- Mental suffering;
- Loss of consortium;
- Funeral and burial expenses in appropriate circumstances; and
- Other pecuniary losses resulting from the death.
Illinois law also permits punitive damages in certain wrongful death actions when they are otherwise legally available, although important exceptions apply.
What Is the Difference Between Wrongful Death and a Survival Claim?
A wrongful death claim focuses primarily on losses suffered by the deceased person’s surviving spouse and next of kin because of the death.
A survival claim is different. It generally preserves certain claims the deceased person could have pursued if he or she had survived, such as claims involving medical expenses, lost income, or conscious pain and suffering before death.
Depending on the circumstances, a case may involve both wrongful death and survival claims.
How Can a Champaign Wrongful Death Lawyer Help?
Wrongful death cases can involve insurance companies, corporations, medical providers, multiple defendants, estate proceedings, and substantial damages.
Patel Law, PC can help by:
- Investigating how the death occurred;
- Identifying potentially responsible parties;
- Preserving photographs, video, records, electronic data, and other evidence;
- Obtaining medical and accident-related records;
- Reviewing applicable insurance coverage;
- Working with the personal representative of the estate;
- Documenting financial and nonfinancial losses;
- Communicating with insurers and defense attorneys;
- Negotiating a settlement; and
- Filing and litigating a wrongful death lawsuit when appropriate.
What Evidence Is Important in a Wrongful Death Case?
The evidence needed depends on how the death occurred. Relevant evidence may include:
- Police or accident reports;
- Photographs and video;
- Witness statements;
- Medical and hospital records;
- Autopsy or coroner records;
- Employment and income information;
- Insurance policies;
- Vehicle or electronic data;
- Corporate or maintenance records;
- Expert analysis; and
- Evidence showing the deceased person’s relationship with surviving family members.
Preserving evidence promptly can be especially important in serious accident and wrongful death cases.
How Long Do I Have to File a Wrongful Death Lawsuit in Illinois?
Under the Illinois Wrongful Death Act, a wrongful death action generally must be commenced within two years after the person’s death.
However, important exceptions can apply. For example, Illinois law provides different time periods in certain cases involving violent intentional conduct or specified criminal charges.
Other types of cases, including claims involving medical providers or governmental entities, may also involve different procedural requirements or deadlines.
Because the applicable deadline can depend on the facts and defendants involved, families should speak with an attorney promptly rather than relying on a general two-year rule.
What If the Person Who Died Was Partially at Fault?
Illinois comparative-fault rules can affect a wrongful death recovery.
The trier of fact first determines the deceased person’s contributory fault. Depending on the percentage of fault attributed to the deceased person, the recovery may be reduced or barred under Illinois law.
The fault of individual beneficiaries can also affect the portion of damages that beneficiary may recover.
Do We Need to Open an Estate to Bring a Wrongful Death Claim?
Often, a personal representative must act on behalf of the deceased person’s estate. However, Illinois law provides a procedure under which a court may appoint a special administrator when the wrongful death claim is the only asset and no estate proceeding has been opened.
The proper procedure depends on the circumstances of the family and the estate.
Can a Wrongful Death Case Settle Without Going to Trial?
Yes. Many wrongful death claims are resolved through negotiated settlements rather than trial.
However, settlement may require court involvement, particularly when the recovery must be allocated among beneficiaries or when minors or estate issues are involved.
If a fair settlement cannot be reached, litigation may be necessary.
Champaign Wrongful Death FAQs
Who brings a wrongful death lawsuit in Illinois?
The action is generally brought in the name of the personal representative of the deceased person’s estate for the benefit of the surviving spouse and next of kin.
Who is considered next of kin in an Illinois wrongful death case?
The answer depends on the deceased person’s family circumstances and Illinois inheritance law. A lawyer can identify the individuals who may qualify as beneficiaries and how the recovery may be allocated.
Can children recover compensation for the death of a parent?
Potentially. Children may be among the next of kin who benefit from a wrongful death recovery, depending on the family circumstances.
Can parents bring a claim for the death of an adult child?
Potentially. Whether parents are eligible beneficiaries depends on the deceased person’s surviving family members and other legal factors.
Can we recover for grief and sorrow?
Yes. Illinois’s Wrongful Death Act expressly permits damages for grief, sorrow, and mental suffering suffered by the surviving spouse and next of kin.
How much is an Illinois wrongful death case worth?
There is no fixed value. Factors may include the deceased person’s age, earnings, financial contributions, family relationships, services provided to the household, the circumstances of the death, liability, insurance coverage, and the losses suffered by surviving family members.
How much does it cost to speak with Patel Law about a wrongful death case?
Patel Law, PC offers free initial consultations for personal injury and wrongful death matters. Families can discuss the circumstances of the death and learn about their legal options before deciding how to proceed.
Why Choose Patel Law, PC for a Champaign Wrongful Death Case?
Patel Law, PC represents families throughout Champaign, Urbana, Champaign County, and Central Illinois in serious personal injury and wrongful death matters.
Wrongful death cases require careful investigation, attention to estate and beneficiary issues, documentation of financial and emotional losses, and experience dealing with insurance companies and defendants facing substantial exposure.
Our legal team can investigate the circumstances of the death, identify potentially responsible parties, coordinate with the personal representative, preserve important evidence, and pursue the compensation available under Illinois law.
Talk to a Champaign Wrongful Death Lawyer
If your spouse, parent, child, or other loved one died because of another person’s negligence or wrongful conduct in Champaign, Urbana, Champaign County, or elsewhere in Central Illinois, contact Patel Law, PC to discuss the case.
Call Patel Law, PC or contact us online to schedule a free consultation with a Champaign wrongful death lawyer.
