Aurora Wrongful Death Lawyer
💼 $500M+ Recovered
⚖️ 75+ Years Experience
⭐ Super Lawyers Top 100
📞 Free Consultation: (312) 346-4262
Fighting for Aurora Families After a Wrongful Death
Aurora is Illinois’s second-largest city, spanning four counties and home to more than 180,000 residents. With I-88 running through its center and a growing mix of residential, commercial, and industrial development, Aurora’s families face wrongful death risks from traffic accidents, workplace incidents, medical negligence, and dangerous property conditions.
No amount of money can replace a loved one. But when a death is caused by someone else’s negligence, recklessness, or intentional misconduct, Illinois law provides the surviving family with the right to seek compensation for their financial losses, their grief, and their lost companionship. The Illinois Wrongful Death Act (740 ILCS 180) exists to hold wrongdoers accountable and to protect families from the devastating financial consequences that often accompany the loss of a provider, a parent, or a spouse.
Aurora’s position as a major population center in the western suburbs creates conditions where wrongful deaths occur with tragic frequency. Interstate 88, the East-West Tollway, carries heavy commercial and commuter traffic through Aurora. The city’s industrial sectors, including manufacturing, warehousing, and construction, expose workers to occupational hazards. Local hospitals serve a large and diverse patient population. Each of these environments can produce fatal incidents when safety standards are not maintained and when people act negligently.
Phillips Law Offices has represented families across Illinois since 1945, recovering more than $500 million in verdicts and settlements, including a $25 million verdict in a case involving catastrophic negligence. Our wrongful death attorneys bring the same level of resources, expertise, and compassion to every case. We understand that your family is going through the worst experience of your lives, and we handle every aspect of the legal process so you can focus on grieving and healing.
Wrongful death cases require thorough investigation, expert analysis, and attorneys who understand both the law and the profound human impact of an untimely death. Our firm retains leading experts in accident reconstruction, medical causation, economics, and vocational analysis to build cases that reflect the true magnitude of your family’s loss.
Common Causes of Wrongful Death in Aurora
Wrongful death can result from any act of negligence, recklessness, or intentional misconduct that causes a fatality. These are the most common causes in the Aurora area.
Fatal Car & Truck Accidents
I-88 and Aurora’s major surface streets, including Route 30 (New York Street), Route 25, and Eola Road, are sites of frequent fatal collisions. Commercial truck crashes on I-88, drunk driving fatalities, and intersection collisions involving distracted drivers claim lives every year. Multi-vehicle pileups during adverse weather on the tollway are particularly deadly.
Medical Malpractice Deaths
Hospitals and healthcare facilities in the Aurora area, including Rush Copley Medical Center and Advocate Aurora Medical facilities, treat thousands of patients. Surgical errors, misdiagnosis, medication mistakes, emergency room failures, and anesthesia complications can all lead to preventable patient deaths that constitute medical malpractice under Illinois law.
Workplace Fatalities
Aurora’s manufacturing plants, warehousing operations, and construction sites expose workers to serious occupational hazards. Falls from heights, equipment malfunctions, forklift accidents, electrocutions, and exposure to toxic substances cause workplace fatalities. While workers’ compensation provides some benefits, a wrongful death lawsuit can be filed against responsible third parties.
Premises Liability Deaths
Property owners who fail to maintain safe conditions can be liable when their negligence causes a fatal injury. Drownings in inadequately secured pools, fatal falls due to building code violations, deaths caused by inadequate security at commercial properties, and fatal fires in buildings with defective fire safety systems are all actionable wrongful death claims.
Illinois Wrongful Death Act: What Aurora Families Must Know
The Illinois Wrongful Death Act (740 ILCS 180) governs who can file a wrongful death claim, what damages are available, and the deadlines for taking legal action. Understanding these provisions is critical for protecting your family’s rights.
Who Can File a Wrongful Death Lawsuit
Under Illinois law, a wrongful death lawsuit must be filed by the personal representative of the deceased person’s estate. The personal representative is typically named in the deceased person’s will, or the court appoints an administrator if there is no will. The lawsuit is brought on behalf of the surviving spouse, children, and next of kin. Any compensation recovered is distributed to the beneficiaries according to their respective rights under Illinois law.
Two-Year Statute of Limitations
Illinois imposes a two-year deadline for filing a wrongful death lawsuit, measured from the date of death (740 ILCS 180/2). If the death resulted from a violent intentional act that is the subject of a criminal prosecution, the deadline may be extended. Missing the two-year filing deadline permanently bars the claim. Contact an attorney as soon as possible to ensure your family’s rights are preserved and critical evidence is not lost.
Recoverable Damages
Illinois wrongful death damages compensate surviving family members for the losses they have suffered. These include the financial support the deceased would have provided (lost income and benefits), loss of the deceased’s companionship, guidance, and society, grief and mental suffering of surviving family members, and the present cash value of future income the deceased would have earned. The Illinois Survival Act also allows recovery of damages that accrued before death, including medical expenses and pain and suffering.
No Cap on Wrongful Death Damages
Unlike some states, Illinois does not impose caps on wrongful death damages. The Illinois Supreme Court struck down medical malpractice damage caps as unconstitutional in 2010. This means that juries in wrongful death cases can award the full amount of damages they determine to be fair and just, including significant sums for the loss of companionship, guidance, and the financial support the deceased would have provided throughout their remaining life expectancy.
The Difference Between Wrongful Death and Survival Actions
Illinois recognizes two separate legal claims when a person dies due to negligence. The Wrongful Death Act (740 ILCS 180) compensates the surviving family for their losses: lost financial support, lost companionship, and grief. The Illinois Survival Act (755 ILCS 5/27-6) allows the estate to recover damages the deceased person suffered between the time of injury and the time of death, including medical expenses, pain and suffering, and lost income during that period. Both claims can be pursued simultaneously, and our attorneys routinely file both to maximize your family’s total recovery. Understanding and pursuing both claims is particularly important in cases where the deceased survived for a period after the injury.
Wrongful Death Case Results
Phillips Law Offices has a proven track record of obtaining significant compensation for families who have lost loved ones to negligence. These results demonstrate our commitment to maximum recovery.
$25 Million
Verdict for the family of a victim whose death resulted from a healthcare provider’s failure to properly monitor and respond to a deteriorating medical condition. The case required extensive expert testimony and demonstrated the catastrophic impact of the loss on surviving family members.
$16 Million
Settlement in a wrongful death case involving institutional negligence that resulted in a preventable death. The case required detailed investigation into systemic failures and expert analysis of the standard of care.
$6.8 Million
Verdict for a family who lost a loved one in a multi-vehicle collision caused by a negligent driver. The case established the financial and emotional impact of the loss on the surviving spouse and children.
Past results do not guarantee future outcomes. Every case is different.
Steps to Take After a Wrongful Death in Aurora
The period after a loved one’s death is overwhelming. While nothing should take priority over your family’s grief, certain legal steps must be taken to protect your right to pursue a wrongful death claim.
Preserve Evidence
Evidence in wrongful death cases can disappear quickly. Request that police reports, medical records, and incident reports be preserved. If a vehicle was involved, ensure it is not repaired or destroyed. If the death occurred at a workplace, notify OSHA and request their investigation records. Photograph any physical evidence, and keep copies of all documents related to the death, including funeral expenses and medical bills.
Open an Estate
Under Illinois law, only the personal representative of the deceased’s estate can file a wrongful death lawsuit. If the deceased had a will naming an executor, that person should petition the court for appointment. If there is no will, a family member should petition for appointment as administrator. The estate must be formally opened in probate court before the wrongful death lawsuit can proceed.
Contact a Wrongful Death Attorney Immediately
The two-year statute of limitations begins running on the date of death, and evidence preservation is time-sensitive. Insurance companies for potential defendants will begin their own investigations immediately. You need an attorney who will investigate independently, retain necessary experts, and protect your family’s interests from the outset. Phillips Law Offices provides free, confidential consultations to Aurora families.
Avoid Insurance Company Contact
Insurance companies for potential defendants may contact your family offering condolences and seeking information. Do not provide recorded statements or sign any documents. These communications are designed to limit the insurance company’s exposure. Refer all inquiries to your wrongful death attorney, who will handle communications and protect your family from tactics that could undermine your claim.
Why Aurora Families Choose Phillips Law Offices
Wrongful death cases carry a weight that goes beyond any dollar figure. We represent families, not just cases, and we fight to ensure that no loss goes unaccounted for.
, Stephen D. Phillips, Senior Partner
Since 1945, Phillips Law Offices has represented families during the most difficult moments of their lives. Wrongful death cases require not only legal expertise but also compassion, patience, and a commitment to understanding the full human impact of every loss. Our attorneys take the time to understand your family, your loved one’s life, and the specific ways their absence affects every member of the family.
Aurora families often face the additional challenge of determining where to file their wrongful death case, as the city spans Kane, DuPage, Will, and Kendall counties. Our attorneys evaluate venue options carefully and file in the jurisdiction that offers the most favorable conditions for your case. This strategic approach to venue selection can significantly affect the outcome.
- Over $500 million recovered for injured clients and bereaved families
- $25 million verdict demonstrating our trial capabilities
- Five experienced trial attorneys dedicated to your family’s case
- Access to top forensic, medical, and economic experts
- Experience in Kane, DuPage, Will, and Kendall County courts
- No fee unless we recover compensation for your family
- Compassionate representation during your most difficult time
- Direct attorney access throughout your case
Our Attorneys
Phillips Law Offices brings decades of combined experience in wrongful death and catastrophic injury litigation to every case we accept.
Stephen D. Phillips, Senior Partner
With over 41 years of experience, Stephen D. Phillips has led the firm’s wrongful death practice to landmark verdicts and settlements, including multi-million dollar recoveries for families throughout Illinois.
Stephen J. Phillips, Partner
Stephen J. Phillips brings thorough, compassionate representation to wrongful death cases, focusing on understanding each family’s unique loss and building cases that reflect the full impact of that loss.
Michael J. Phillips, Partner
Michael J. Phillips applies rigorous investigation and analysis to wrongful death cases, coordinating with forensic experts, economists, and medical specialists to build compelling cases for bereaved families.
Terrence M. Quinn, Senior Attorney
With over 30 years of trial experience, Terrence M. Quinn brings courtroom skill and dedication to wrongful death cases, ensuring families receive the justice and compensation they deserve.
Alec D. Mesrobian, Attorney
Alec D. Mesrobian handles detailed investigations, evidence preservation, and litigation strategy for wrongful death and catastrophic injury cases throughout Illinois.
What Our Clients Say
After we lost my husband in a car accident on I-88, I was too devastated to think about legal matters. Phillips Law Offices handled everything with care and professionalism. They made sure our children’s future was protected. I cannot express how grateful we are.
– Aurora Wrongful Death Client
They treated our family with dignity and respect from the very first phone call. They explained the legal process clearly, kept us informed at every stage, and fought for a result that honored my father’s memory. The settlement ensures our mother will be taken care of.
– Kane County Client
We were told by another firm that our case would be difficult because the hospital denied any wrongdoing. Phillips Law Offices brought in medical experts who proved the hospital’s negligence caused my sister’s death. Their persistence made all the difference.
– Western Suburbs Client
Frequently Asked Questions
Answers to common questions from Aurora families about wrongful death claims in Illinois.
Who can file a wrongful death lawsuit in Aurora, Illinois?
Under the Illinois Wrongful Death Act (740 ILCS 180), a wrongful death lawsuit is filed by the personal representative of the deceased person’s estate on behalf of the surviving spouse, children, and next of kin. If there is no will, the court appoints an administrator. The lawsuit is brought for the benefit of the surviving family members, and any damages recovered are distributed according to the rights of the beneficiaries.
What is the statute of limitations for wrongful death in Illinois?
Illinois has a two-year statute of limitations for wrongful death claims, measured from the date of death (740 ILCS 180/2). If the death resulted from a violent intentional act that is also the subject of criminal prosecution, the deadline is extended to the later of two years from death or one year after the conclusion of criminal proceedings. Missing the filing deadline permanently bars the claim.
What damages can be recovered in an Aurora wrongful death case?
Damages in an Illinois wrongful death case may include the financial support the deceased would have provided, loss of the deceased’s companionship, guidance, and society, grief and mental suffering of surviving family members, medical expenses incurred before death, funeral and burial costs, and the present value of the deceased’s future income. Illinois does not cap wrongful death damages, meaning juries can award the full amount of a family’s loss.
How long do wrongful death cases take to resolve?
Wrongful death cases are among the most complex personal injury claims and typically take one to three years to resolve. Cases involving disputed liability, multiple defendants, or complex medical evidence may take longer. Phillips Law Offices thoroughly investigates every case, retains necessary experts, and prepares for trial while simultaneously pursuing fair settlement negotiations. We never rush a resolution that undervalues your family’s loss.
Can I file a wrongful death lawsuit if my loved one was partially at fault?
Yes. Under Illinois modified comparative negligence law, a wrongful death claim can proceed as long as the deceased person was less than 50 percent at fault for the incident that caused their death. The damages recovered are reduced by the deceased person’s percentage of fault. Insurance companies often attempt to shift blame to the deceased. An experienced wrongful death attorney protects your family’s rights and counters these arguments.
What types of incidents lead to wrongful death claims in Aurora?
Common causes of wrongful death in Aurora include car accidents on I-88 and local roads, truck accidents involving commercial vehicles, medical malpractice at local hospitals, workplace accidents in construction and industrial settings, premises liability incidents, nursing home negligence, and defective products. Any death caused by another party’s negligence, recklessness, or intentional misconduct may give rise to a wrongful death claim.
How much does it cost to hire an Aurora wrongful death lawyer?
Phillips Law Offices handles wrongful death cases on a contingency fee basis. You pay nothing upfront and owe no attorney fees unless we recover compensation for your family. We advance all case costs, including expert witnesses, accident reconstruction, medical record review, and court fees. There is no financial risk to your family during an already difficult time.
Where will my Aurora wrongful death case be filed?
Aurora spans four counties: Kane, DuPage, Will, and Kendall. Where your wrongful death case is filed depends on where the fatal incident occurred and where the defendants are located. Cases may be filed in the Kane County Circuit Court in St. Charles, DuPage County Circuit Court in Wheaton, or other applicable venues. Phillips Law Offices has experience litigating in all of these courts and selects the venue most advantageous to your case.
Serving Aurora and the Western Suburbs
Phillips Law Offices represents wrongful death families throughout Aurora and the surrounding communities across four counties.
Multi-County Jurisdiction
Aurora is unique among Illinois cities in spanning four counties: Kane, DuPage, Will, and Kendall. This multi-county geography means wrongful death cases can potentially be filed in multiple venues. Our attorneys carefully evaluate venue options based on where the incident occurred, where defendants are located, and historical case outcomes in each county. This strategic venue analysis can have a significant impact on your case’s trajectory and outcome.
Aurora Medical Facilities
Rush Copley Medical Center, Advocate Aurora Medical Center, and Presence Mercy Medical Center serve Aurora’s population. For trauma cases, patients may be transported to Level I trauma centers in the Chicago area. In wrongful death cases involving medical malpractice, our attorneys work with medical experts to investigate whether hospital negligence contributed to the death. We also pursue claims through the Illinois medical malpractice framework, including the affidavit of merit requirement.
I-88 Corridor and Industrial Areas
Interstate 88 runs through Aurora, carrying heavy commercial and commuter traffic between Chicago’s western suburbs and points west. Fatal crashes on I-88 frequently involve commercial trucks, high-speed collisions, and multi-vehicle accidents. Aurora’s industrial areas, including manufacturing operations, distribution centers, and construction sites, also produce fatal workplace incidents. Our attorneys investigate all potential sources of liability, including employers, contractors, equipment manufacturers, and property owners.
Communities We Serve
Beyond Aurora, we represent wrongful death families in Naperville, Batavia, Geneva, St. Charles, North Aurora, Oswego, Plainfield, Montgomery, and throughout Kane, DuPage, Will, and Kendall counties. Phillips Law Offices has the experience and resources to pursue wrongful death claims in every county that Aurora touches, ensuring your family has access to top-tier legal representation.
Speak With a Aurora Wrongful Death Lawyer Today
We have been fighting for injured families since 1945. If your case has merit, we’ll tell you. If it doesn’t, we’ll tell you that too.
Call (312) 346-4262
161 N Clark St #4925, Chicago, IL 60601
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This page is for educational purposes only and does not constitute legal advice. Every case is different. Contact Phillips Law Offices for a free consultation.
