A wrongful death happens when someone dies because another person or group acted carelessly, recklessly, or broke the law. It’s not just about someone passing away—it’s about that death being avoidable if others had done the right thing.
When this happens, families are left grieving with many questions. Beyond the emotional pain, there are real legal and financial challenges. Loved ones may lose a source of income, face sudden funeral costs, and feel the need for justice.
In Illinois, wrongful deaths happen more often than people realize. Many of them come from accidents—car crashes, workplace injuries, and even medical mistakes. Here, we will looks at the numbers and facts behind these cases to help people understand the bigger picture.
If someone you love has died in an accident that was someone else’s fault, the wrongful death lawyers at Phillips Law Offices in Chicago want to help you. We will handle the legal work so you can focus on your family and healing during this difficult time. You can also find us with our GeoCoordinates: 41.88479288375672, -87.63079064829671.
What Qualifies as a Wrongful Death in Illinois?
In Illinois, the law says a wrongful death is when someone dies because of another person’s careless or harmful actions. This could include things like reckless driving, unsafe working conditions, or mistakes by doctors.
Negligence means someone failed to do something they should have, and that failure caused harm. If that harm leads to death, the family may have the right to file a wrongful death claim. It’s not about punishing someone with jail time—it’s about helping the family recover damages in civil court.
It’s important to know the difference between an accidental death and a wrongful death. Not every accident is wrongful. But if someone could have prevented the death and didn’t act responsibly, it might be considered wrongful under the law.
Are Accidents a Leading Cause of Wrongful Death in Illinois?
Yes, accidents are one of the top causes of wrongful death in Illinois. According to the Illinois Department of Public Health (IDPH) and the Centers for Disease Control and Prevention (CDC), unintentional injuries rank high among the causes of death every year.
Motor vehicle crashes are one of the most common accident types leading to wrongful death. These include car, truck, and motorcycle crashes, often caused by speeding, distracted driving, or driving under the influence.
Other types of fatal accidents include workplace injuries, falls, medical errors, and nursing home neglect. While homicides and chronic diseases also cause many deaths, accidents often involve some form of negligence—making them more likely to lead to wrongful death claims.
Common Types of Fatal Accidents Resulting in Wrongful Death
There are several kinds of accidents that most often lead to wrongful death cases in Illinois. Here are the main ones:
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Car and Truck Accidents: These are the most common. When drivers speed, text while driving, or ignore traffic laws, they can cause deadly crashes. In Illinois, busy highways and winter weather add to the danger.
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Motorcycle and Bicycle Crashes: Riders are more exposed and less protected, so they’re at higher risk. If a driver fails to see a motorcyclist or cyclist and causes a crash, it can easily result in a fatal injury.
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Workplace Accidents: Jobs in construction, manufacturing, or transportation often involve heavy machinery or hazardous conditions. If safety standards aren’t followed, a worker can lose their life on the job.
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Nursing Home Neglect or Abuse: Elderly residents can suffer from fatal injuries due to neglect, falls, untreated infections, or abuse. Families often file wrongful death claims when their loved one dies in a care facility under suspicious or preventable circumstances.
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Medical Malpractice: Doctors and nurses can make serious errors—like wrong diagnoses, surgical mistakes, or medication errors—that lead to a patient’s death. If it happens due to negligence, it may qualify as a wrongful death.
Who Can File a Wrongful Death Claim in Illinois?
In Illinois, close family members can file a wrongful death claim. This usually includes the spouse, children, or parents of the person who died. If no close relatives are available, the person’s estate representative can file the claim.
There is a time limit to file the claim. Most cases must be filed within two years of the person’s death. This rule is called the “statute of limitations.”
Some situations may allow more time. For example, if the death was caused by medical malpractice and the issue wasn’t discovered right away, the clock may start later. But waiting too long can mean losing the right to take action.
What Compensation Can Be Recovered?
Families can ask for money to cover the income the person would have earned, as well as costs like funeral expenses and medical bills before death. These are called economic damages.
They may also be able to recover non-economic damages. These are harder to measure but include things like the pain the family is going through, the loss of love, support, and the emotional toll of losing someone too soon.
In rare cases, courts might award punitive damages. These are meant to punish the person or company at fault if their actions were extremely reckless or harmful.
How to Prove a Wrongful Death from an Accident
To prove wrongful death, you need strong evidence. This could be police reports, witness statements, video footage, or expert opinions showing what went wrong.
It’s not enough to say someone died in an accident. You need to show that someone else caused the accident through carelessness or wrongdoing. That’s where the idea of negligence or fault comes in.
Many families work with personal injury attorneys who know how to collect evidence and build a strong case. These lawyers can handle paperwork, talk to experts, and guide the family through the legal steps.
Illinois Case Examples and Precedents
Illinois has seen several large wrongful death settlements in recent years. Some involve car crashes caused by drunk drivers, while others came from medical mistakes or workplace injuries.
In some cases, juries have awarded families large amounts based on the seriousness of the wrongdoing. These decisions show how important expert witnesses can be in court. Medical experts, engineers, or accident reconstruction specialists often help explain what happened.
Looking at past cases can help families understand what’s possible. Every case is different, but knowing how similar cases played out can give people a better idea of what to expect.
What to Do If You Suspect a Loved One’s Death Was Wrongful
If you think your loved one died because of someone else’s carelessness, it’s important to act quickly. Start by writing down what happened and collecting any documents, such as medical records or accident reports.
Next, talk to an attorney who handles wrongful death cases. They can review the details and let you know if there’s a valid case. The sooner you act, the better your chances of finding the truth and getting justice.
Try to save any proof—photos, witness names, emails, or anything that might support your claim. These small details can make a big difference later on.
Contact Top Rated Wrongful Death Attorney in Chicago at Phillips Law Offices
If you’ve lost someone and think it could have been prevented, reach out to Phillips Law Offices in Chicago. Our experienced team has handled many wrongful death cases and understands what families go through.
We can review your case, explain your options, and fight to get the compensation your family deserves. You won’t pay us anything unless we win your case.
Let us help you find answers and hold the right people accountable. Contact us today to schedule a free consultation at (312) 598-0917.
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