Defining Wrongful Death
Wrongful death is considered any act that results in a fatality due to
another’s negligent or intentional actions. This can also include
fatalities resulting from defective products or dangerous premises.
Common accidents, injuries, and incidents that can result in wrongful death
- Nursing home abuse and negligence resulting in death from choking, malnutrition,
fractures, or other suffering
- Dangerous drugs and medical devices where side effects are unknown to the patient
- Car accidents caused by the negligence of another person, such as a drunk
or distracted driver
- Motorcycle accidents caused by negligent vehicle drivers
- Negligent security that results in any fatalities of people lawfully on
- Slip and fall accidents that result in fatalities
- Premises liability accidents such as fires or drownings
- Dog bites that result in death
Filing Wrongful Death Claims in DeKalb & Kane Counties
In Illinois, the only parties entitled to recovery from the responsible
parties are the surviving spouse and/or the next of kin. Compensation
claims may be pursued to cover pain and suffering, loss of future income
and benefits, funeral and other death-related expenses, and loss of companionship.
Should there be no surviving spouse or next of kin, damages are for the
sole benefit of:
- Personal representatives as reimbursement for estate administration and
related performed duties up to $900 plus reasonable attorney’s fees; and/or
- The parties who provided medical or surgical services in conjunction with
the deceased’s last illness or injury up to $450; and/or
- The parties who provided hospital services related to the deceased’s
last illness or injury up to $450
For wrongful death that was the result of negligence, spouses and/or next
of kin must take legal action within two years of the date of the death.
Illinois Wrongful Death Claims FAQ:
wrongful death lawyers in Geneva help answer some of your most common questions regarding wrongful death
Q. How long does it take to settle a wrongful death claim? - Wrongful death cases can be extremely complicated and on average take
several years to reach a settlement. Our firm focuses on getting you the
results you need, not rushing through a case. In some cases, a quick settlement
can often mean that the insurance company is getting away with paying
much less than they should. Don't risk results for speed! Contact our
firm for quality representation.
Q. What is the average wrongful death settlement in Illinois? - Oftentimes the factors taken into account when calculating a wrongful
death settlement are the following: medical expenses for your lost loved
one, funeral expenses, lost earnings, emotional damage or loss of consortium,
and punitive damages. While the monetary value may differ from case to
case, these are the factors generally taken into account.
Q. Who is considered "next of kin" in Illinois? - Next of kin will depend on who is the closest surviving relative of
the deceased. First, there is the spouse and/or surviving children. If
there are neither, the next in line would be parents or siblings. If there
are no surviving parents or siblings the next of kin would be other surviving
Contact us by calling
(800) 653-0198 today. We offer free consultations with our Geneva wrongful death attorneys.