Wrongful Death Attorney in Illinois

If you lost a loved one due to negligence in Illinois, you don't have to go through it alone. Contact (847) 807-8695 today to learn how the Law Offices of Michael W. Kopsick can help your family seek justice and financial support.

We never expect a loved one’s life to be cut short because of someone else’s carelessness or harmful actions. When a tragic loss occurs, it can shake your entire world. You might feel overwhelmed by grief, uncertain about your future, and angry that the death may have been avoidable. We understand how painful and stressful this situation can be for you and your family. If you find yourself in this situation, you should seek help from one of our wrongful death attorney in Illinois.

At The Law Offices of Michael W. Kopsick, we believe no one should face such a devastating loss without support, especially when it results from negligence. If you live in areas like Waukegan, Lake County, or anywhere else in Illinois and suspect that your loved one’s death was preventable, you may have the right to pursue a wrongful death claim.

We will explain how wrongful death laws operate in Illinois, the common causes of these cases, and the steps you can take if you choose to file a lawsuit. We want you to feel informed and empowered throughout the entire legal process. By understanding your rights and the assistance available, you can seek justice, protect your family’s future, and honor the memory of the person you lost.

Overview of Wrongful Death Claims in Illinois

A wrongful death occurs when someone loses their life because of another person’s or entity’s negligence, reckless behavior, or intentional harm. In Illinois, wrongful death claims serve to compensate certain surviving family members for the financial and emotional losses they endure after such a tragedy.

Although no amount of money can truly make up for losing someone, these claims can help ease the financial burdens that arise and hold the responsible parties accountable.

• Who Can File a Wrongful Death Claim: Typically, a personal representative of the deceased’s estate initiates the wrongful death lawsuit on behalf of the surviving spouse, children, or other eligible relatives.
• Purpose of Compensation: Damages may include lost financial support, emotional distress, and sometimes punitive damages if the behavior was particularly egregious.
• Proving Negligence: To succeed, you must demonstrate that the at-fault party had a duty of care, breached that duty, and directly caused the death of your loved one.

Common Causes of Wrongful Death

Wrongful death can occur in various ways, yet they all share a core element: someone’s negligent or reckless behavior has led to the untimely passing of an innocent individual. In Illinois, several common scenarios frequently result in wrongful death claims.

Auto Accidents

One of the most common causes of wrongful death is fatal car crashes.

• Distracted Driving: Texting, calling, or using apps behind the wheel can cause split-second mistakes that have fatal consequences.
• Driving Under the Influence: Alcohol or drug-impaired drivers often lack the reaction time and judgment needed to avoid collisions.
• Reckless Behavior: Speeding, aggressive lane changes, or road rage can escalate ordinary traffic situations into deadly wrecks.
• Commercial Vehicles: Accidents involving large trucks or buses can be especially devastating due to the weight and force of these vehicles.

Medical Malpractice

Healthcare professionals have a duty to provide a certain standard of care. When they fail to meet it, the results can be tragic.

• Misdiagnosis or Delayed Diagnosis: If a doctor overlooks key symptoms or fails to run proper tests, treatable conditions can become fatal.
• Surgical Errors: Mistakes during surgery or postoperative care can lead to serious complications or death.
• Medication Mistakes: Wrong prescriptions, incorrect dosages, or failure to consider drug interactions can prove lethal.
• Birth Injuries: Negligence during labor or delivery can result in the death of a mother, child, or both.

Workplace Accidents

Certain jobs carry higher risks, but all employers must follow safety regulations.

• Construction Accidents: Falls from heights, scaffolding collapses, or heavy equipment malfunctions are common hazards.
• Industrial Incidents: Explosions, chemical exposures, or faulty machinery can lead to fatal injuries if safety protocols are not followed.
• Lack of Training or Equipment: When management fails to train employees or provide proper safety gear, accidents are more likely to be deadly.
• Vehicle-Related Incidents: Employees who drive for work might face increased risks from poor vehicle maintenance or rushing to meet deadlines.

Defective Products

Manufacturers have a responsibility to ensure their products are safe for public use.

• Faulty Auto Parts: Defective brakes, tires, or airbags can cause fatal accidents on the road.
• Unsafe Household Items: Electrical appliances, space heaters, or children’s toys that malfunction might lead to fires or other lethal hazards.
• Pharmaceutical Drugs: Some medications have undisclosed side effects or contamination issues that become life-threatening.
• Recalls and Warnings: In many cases, product makers might delay or fail to warn consumers about known dangers.

Nursing Home Abuse or Neglect

When older loved ones reside in nursing homes or assisted living facilities, they rely on staff for proper care.

• Physical Abuse: Hitting, restraining, or rough handling can cause life-ending injuries.
• Medical Neglect: Failure to administer medication properly or keep track of vital signs can deteriorate a resident’s health.
• Poor Hygiene: Untreated bedsores or infections might turn fatal if left unaddressed.
• Emotional Neglect: Depression or stress from isolation might worsen underlying health problems.

Criminal Acts or Violence

Sometimes, a wrongful death occurs due to intentional harm, like assault or homicide. The family can still file a civil wrongful death suit, regardless of any criminal charges.

• Assault and Battery: If an assault leads to death, the aggressor may face both criminal and civil liability.
• Negligent Security: If a property owner or business fails to provide adequate security, they might share responsibility for a lethal attack on the premises.

You might be dealing with complicated emotions, anger, sorrow, and confusion, but recognizing that someone else’s negligence led to the death can be a first step toward seeking justice. By filing a wrongful death lawsuit, you can hold responsible parties accountable, possibly preventing similar tragedies and securing financial stability for your grieving family.

Legal Rights of Survivors in Illinois

When you lose a loved one because of another party’s negligence, you might wonder what your rights are under Illinois law.

While the emotional toll of the loss can feel overwhelming, it is essential to understand the legal protections available to you and your family.

Right to Seek Compensation

In Illinois, certain survivors can receive monetary damages for the loss of a loved one. This typically includes any of the following related to the deceased:

• Spouse
• Children (Both Minors and Adults)
• Other Next of Kin (if there is no spouse or children, possibly parents or siblings, depending on the situation)

These damages aim to offset the financial and emotional losses that arise when someone is taken from you too soon. While the law recognizes that no amount of money can fully mend the pain, it allows for the possibility of some financial relief to help you move forward.

Appointment of a Personal Representative

In Illinois wrongful death cases, a personal representative is often appointed to file the lawsuit. This individual might be:

• Named in the Will: If your loved one had a will, it might designate someone to manage the estate.
• Court-Appointed: If there is no will, a judge may pick someone, usually a close relative, to serve as the representative.

This representative acts on behalf of all eligible survivors, ensuring the case proceeds in a legal capacity.

Recoverable Damages

Wrongful death damages often cover:

• Economic Losses: Medical bills, funeral costs, and lost financial support.
• Non-Economic Losses: Emotional grief, loss of companionship, and mental suffering.
• Punitive Damages (Rare Cases): Awarded to punish especially reckless or intentional wrongdoing.

Right to Information and Transparency

As the lawsuit progresses, you have the right to stay informed about:

• Court Hearings and Deadlines: When necessary motions or hearings are scheduled.
• Settlement Offers: You can accept or reject any offers based on your comfort level.
• Evidence and Discovery: Any documents, depositions, or expert reports that might affect your case.

Understanding these rights ensures you do not feel powerless during a wrongful death claim. Even while grieving, you can remain an active participant in the legal process and ensure your family’s interests are protected.

If you decide to pursue a claim, knowing your rights helps you work alongside a knowledgeable wrongful death attorney in Illinois and set realistic expectations for how your case might unfold. By doing so, you can seek justice for your loved one and financial security for your family.

Steps to File a Wrongful Death Lawsuit in Illinois

Filing a wrongful death lawsuit can feel intimidating, especially when you are still coping with the emotional impact of losing someone you love. However, understanding the step-by-step process can help you feel more in control and confident about moving forward.

1. Consult a Wrongful Death Attorney in Illinois

Your first move should be speaking with an experienced wrongful death lawyer in Illinois.

• Case Evaluation: During an initial consultation, you share details about the incident. The attorney evaluates whether you have a valid wrongful death claim based on the evidence or circumstances you describe.
• Understanding Fees: Many attorneys handle these cases on a contingency fee basis, which means you usually pay nothing upfront. The lawyer only gets paid if your case results in a settlement or verdict in your favor.

2. Appointing a Personal Representative

As mentioned earlier, a personal representative acts on behalf of the deceased’s estate to file the lawsuit.

• Named in the Will: If your loved one designated an executor, that person might serve as the representative.
• Court Appointment: If there is no executor, the court can choose someone, often a spouse or adult child.

This representative files the lawsuit in the name of the estate and for the benefit of all eligible survivors.

3. Investigation and Evidence Gathering

Your attorney will begin collecting evidence to support your claim, which may include:

• Accident Reports: Police or workplace incident reports that detail how the death occurred.
• Medical Records: Proof of treatment or cause of death, especially in medical malpractice cases.
• Expert Opinions: Professionals like accident reconstructionists, engineers, or medical experts can confirm fault.
• Witness Statements: Individuals who saw the incident or have relevant information about the conditions leading up to the death.

By compiling this evidence, your lawyer can build a strong foundation for proving the other party’s negligence.

4. Drafting and Filing the Complaint

Once evidence shows a viable wrongful death claim, the attorney files a legal document called a complaint in the appropriate Illinois court.

• What the Complaint Includes: Names of plaintiffs and defendants, a summary of the facts, and the legal basis for the claim (e.g., negligence, medical malpractice).
• Serving the Defendants: The defendants receive a copy of the complaint, notifying them that a lawsuit has been initiated. They then have a set time to respond.

5. Discovery Phase

After the lawsuit is filed, both sides engage in discovery, where they exchange information and gather further evidence.

• Written Questions (Interrogatories): Parties ask each other specific questions under oath.
• Depositions: Witnesses, family members, or the defendants themselves may be questioned by opposing counsel. Depositions can be recorded for use in court.
• Document Requests: Medical records, company policies, safety logs, and more might be requested to pinpoint negligence.

The discovery phase can last several months or longer, depending on the complexity of the case.

6. Settlement Discussions

Before a trial, many wrongful death lawsuits are settled through negotiations or mediation.

• Settlement Offers: The defense may propose paying a certain amount to resolve the case without going to court.
• Evaluation of the Offer: You and your lawyer must decide if the offer fairly covers the financial and emotional losses associated with the death.
• Potential Mediation or Arbitration: A neutral third party may help both sides come to an agreement if direct talks stall.

7. Trial

Most wrongful death cases are settled in previous negotiations. However, at The Law Offices of Michael W. Kopsick, we are fully prepared to take your case to trial if all negotiations fail.
During this stage, you can expect:

• Opening Statements: Both sides present an overview of their arguments.
• Evidence and Witnesses: Your lawyer presents documents, expert testimonies, and witness statements to prove negligence and damages. The defense aims to refute or minimize these claims.
• Verdict: The judge or jury decides whether the defendant is liable and, if so, the damages to be awarded.

8. Post-Trial Motions or Appeals

Sometimes, the losing party may challenge the verdict or ask for a new trial. This can add time to the process, but it does not always happen.

Each step in this process is designed to ensure that all evidence is reviewed correctly and that both sides have a fair chance to present their case. While it can feel lengthy, it also serves to protect your rights and give you the best opportunity to secure justice and financial security for your family.

By working closely with an attorney, you can stay informed, make decisions that align with your family’s wishes, and, ultimately, reach the resolution that feels right for you.

Compensation in Wrongful Death Cases

No amount of money can truly make up for losing a loved one. However, wrongful death compensation in Illinois aims to help surviving family members cope with the financial and emotional setbacks that follow a preventable death.

Economic Damages

These cover the direct and measurable losses your family faces due to the deceased’s passing. Economic damages often include:

• Medical Bills: Any treatments or hospitalizations before death, including surgery or intensive care.
• Funeral and Burial Costs: Laying a loved one to rest can be expensive, from the funeral service to the burial plot.
• Lost Wages and Benefits: If your loved one contributed to household finances, you lose that income, health coverage, or retirement benefits.
• Loss of Future Earnings: In cases where the deceased had many working years left, you might seek the projected earnings they would have provided.

Non-Economic Damages

These types of damages address the emotional and intangible losses you suffer. Although harder to calculate, these damages are no less important to consider in a wrongful death claim.

• Loss of Companionship: You miss the everyday love, guidance, and presence your loved one provided.
• Pain and Suffering of Survivors: This includes the grief and emotional turmoil you endure because of the sudden loss.
• Loss of Instruction or Moral Training: If the deceased was a parent, your child loses the advice and support they could have had growing up.
• Loss of Consortium: For spouses, this covers the relational or intimate aspects of marriage.

Punitive Damages

In rare cases, Illinois courts might award punitive damages. These do not compensate you for a specific loss but serve to punish the at-fault party for extremely reckless or intentional behavior.

For instance, if a drunk driver caused a fatal crash while driving at an outrageously high speed, a jury might decide to impose punitive damages to discourage similar conduct in the future.

Factors Affecting Compensation

Not every wrongful death claim yields the same type or amount of damages. A few factors can influence the final compensation:

• Age and Health of the Deceased: Courts may consider the deceased’s life expectancy or overall health when calculating lost future earnings.
• Financial Dependence: If multiple family members relied on the deceased’s income, the compensation might be higher to cover everyone’s losses.
• Degree of Negligence: Strong evidence that the at-fault party acted egregiously could lead to higher awards.
• Comparative Fault: If the deceased contributed to the incident, the total compensation might be reduced under Illinois’s comparative fault rules.

How Damages Are Distributed in Illinois

In Illinois, the distribution of wrongful death damages is usually determined by the court or outlined in state law, ensuring each eligible family member receives a fair portion. For example:

• Spouses and Children: Often have priority, splitting the award based on factors like age, dependency, and relationship to the deceased.
• Other Relatives: If there is no spouse or child, parents or siblings may share in the proceeds, depending on the case specifics.

Importance of Accurate Valuation

Calculating damages requires careful assessment. Overlooking any category, such as forgetting future medical costs or underestimating emotional impact, could leave your family with less than you need.

An experienced wrongful death lawyer in Illinois can help you gather proof, such as employment records, tax returns, medical bills, or expert testimony about the deceased’s likely earning capacity.

While money cannot fill the hole left behind by losing a loved one, it can provide a sense of stability during a vulnerable time.

These funds help cover immediate obligations like funeral costs, ongoing expenses like mortgage payments, and the emotional losses that come from a life cut short. By seeking rightful compensation, you stand up for your loved one’s memory and help ensure your family’s future is protected.

Statute of Limitations on Wrongful Death Cases in Illinois

In Illinois, the statute of limitations for wrongful death lawsuits is typically two years from the date of the individual’s death. If you fail to file within this window, the court may dismiss your case, preventing you from ever seeking compensation.

There are some exceptions, though. For instance, if the lawsuit stems from medical malpractice, the “clock” might start at the time you discovered or should have found that negligence contributed to the death.

Why Timing Matters

• Fading Evidence: As time passes, evidence can disappear, and witnesses’ memories may fade.
• Legal Complexities: Complex cases, such as those involving multiple defendants or large companies, can require extensive investigation. Waiting too long might make it challenging to gather the necessary proof.

If you suspect wrongful death, it is wise to speak with a qualified wrongful death lawyer in Illinois sooner rather than later. They can help you understand any notable exceptions or additional deadlines that might apply.

Acting promptly not only helps safeguard your legal rights but also makes it more likely you can secure crucial evidence and build a strong case for your loved one.

Having an experienced wrongful death attorney from Illinois is essential to make sure you don’t miss these important deadlines.

How Our Firm Assists Wrongful Death Victims

Losing a loved one is never easy. When that loss stems from negligence, the emotional toll can feel even heavier. At The Law Offices of Michael W. Kopsick, our mission is to ease the burden you face by guiding you through every step of the wrongful death claim process.

Free and Compassionate Initial Consultation

We understand this is a sensitive time for you. We offer a free initial consultation so you can:

• Share Your Story: You deserve to be heard. We listen carefully to the facts and how you feel about the situation.
• Evaluate Your Case: We provide an honest assessment of whether you have a viable wrongful death claim.
• Learn About the Process: We explain the general steps involved, from investigation to settlement or trial.

Thorough Investigation and Evidence Collection

One of the most important things we do is investigate the circumstances around your loved one’s death. This might include:

• Gathering Records: Police reports, medical records, and accident scene photos.
• Consulting Experts: Accident reconstructionists, medical experts, or product specialists who can pinpoint negligence.
• Witness Interviews: We talk to coworkers, bystanders, or anyone who might shed light on the events leading up to the death.

Through this in-depth research, we build a solid foundation for your case, supporting your claim with credible, detailed evidence.

Identifying Liable Parties

Wrongful death cases often involve multiple entities. For example:

• Employer or Company: If a workplace accident or defective product was at fault.
• Healthcare Providers: In medical malpractice scenarios, doctors, nurses, or entire hospitals might share liability.
• Drivers and Insurance Carriers: If the death resulted from a car crash caused by a reckless or drunk driver.
• Government or Public Agencies: Negligent roadway design or unsafe conditions on public land might also play a role.

We ensure we name all responsible parties to help maximize the compensation available to you.

Negotiating With Insurance Companies

Insurance firms often try to settle quickly and for as little money as possible. We handle the negotiations, so you do not have to:

• Strong Communication: We know how to deal with adjusters’ tactics and present your case firmly.
• Fair Settlements: Our aim is to secure an offer that covers your family’s losses and future needs.
• Protecting Your Interests: If the insurance company refuses a fair deal, we are prepared to take the case to court.

Filing the Wrongful Death Lawsuit

If settlement discussions do not lead to an acceptable resolution, we initiate formal litigation. Our tasks include:

• Drafting and Filing the Complaint: Outlining the legal basis for liability.
• Managing Deadlines and Court Documents: We keep track of all paperwork and ensure everything is submitted on time.
• Strategizing for Trial: From mock examinations to preparing witnesses, we take every step to present a compelling argument.

Supporting You Throughout the Process

We recognize the emotional toll of a wrongful death lawsuit. That is why our approach focuses on:

• Clear and Regular Communication: You stay informed about each new development, whether a court hearing or a settlement offer.
• Flexible Meetings: We can work around your schedule, whether you are caring for children, managing estate matters, or simply need time to grieve.
• Compassion and Respect: We never forget the human aspect of your case. You are not just a client but a family seeking answers and justice.

Choose a Wrongful Death Attorney in Illinois from The Law Offices of Michael W. Kopsick

We have experience helping families in Waukegan, Lake County, Chicago, and throughout Illinois handle wrongful death cases. Our commitment to personal attention means we take the time to understand your unique situation.

We fight tirelessly for the compensation you need, covering things like lost income, medical bills, funeral costs, and emotional suffering. By working with us, you have a dedicated legal ally who values your legal and emotional well-being.

At The Law Offices of Michael W. Kopsick, we stand by you through each step, investigating the cause of death, negotiating with insurance, and, if necessary, presenting your case in court. Let us shoulder the legal burdens so you can focus on honoring your loved one’s memory and taking care of your family.

Frequently Asked Questions About Wrongful Death Claims

Who Can File a Wrongful Death Lawsuit in Illinois?

Usually, a personal representative of the deceased’s estate files the lawsuit on behalf of the surviving spouse, children, or other next of kin. If your loved one did not name a representative, the court might appoint one.

What Damages Are Available in These Cases?

Damages can include economic losses (like medical bills and lost wages) and non-economic losses (such as emotional distress and loss of companionship). In certain circumstances, punitive damages may also be awarded.

How Long Does a Wrongful Death Case Take?

The timeline varies depending on factors like complexity, the number of defendants, and how willing the parties are to settle. Some cases resolve within months, while others might last a year or more.

Do I Pay Lawyer Fees Upfront?

At The Law Offices of Michael W. Kopsick, we usually work on a contingency fee basis. This means you do not pay us unless we obtain compensation for you. We also offer a free initial consultation to discuss your case.

Contact Us Now for a Free Consultation

If you believe your loved one died because of someone else’s careless or intentional actions, do not face this alone. At The Law Offices of Michael W. Kopsick, we offer compassionate, experienced legal support for families in Waukegan, Lake County, Chicago, and all across Illinois. We understand how overwhelming it is to balance grief with the stress of potential legal proceedings, and we are here to lighten that burden.

Attorney Michael Kopsick has helped many families just like yours. He has secured millions of dollars in verdicts and settlements for clients across a wide range of cases.

For example, he obtained $30 million for a mother and daughter who were hit by a garbage truck while crossing the street, causing life-changing injuries. In another case, he won $1.9 million for a construction worker who slipped on muddy ground at a job site and needed surgery on his neck and back. He also helped a family recover $1.18 million after a retiree was seriously injured in a grocery store parking lot.

These are just a few examples of the many outcomes our firm has achieved for its clients. Each case is different, but our dedication is always the same: working hard to get the justice and financial support families need to move forward.

Contact us today at (847) 807-8695 for a free initial consultation. We will listen to your story, assess whether you have a case, and explain your rights in clear, easy-to-understand terms. Whether you are dealing with a wrongful death, a nursing home injury, a car or truck accident, or another tragic event, we have the experience to guide you every step of the way.