Chicago Wrongful Death Lawyer

Losing a loved one in a serious accident is a life-changing and traumatic experience. To make matters worse, you may also find yourself facing significant financial burdens. Seeking compensation for the wrongful death of a loved one can be an emotionally taxing process, and the first step is finding a compassionate, knowledgeable wrongful death attorney to advocate for your rights.

At Powers Rogers, our experienced team understands the difficulties you face navigating a wrongful death case. We aim to provide the highest quality legal assistance possible while remaining understanding and sensitive to your grief.

What is a Wrongful Death Action?

When someone you love dies as the result of wrongful conduct or negligence, you may have the right to file a wrongful death lawsuit. For many people who are mourning the death of loved ones, the thought of taking legal action is far from their minds. However, a wrongful death lawsuit can help cover the costs of funeral arrangements, medical bills, lost income, and other necessary expenses stemming from your loved one’s death. Attorneys who focus on wrongful death law in Chicago can examine your case and determine if legal action is appropriate.

Understanding Wrongful Death Claims

It may be difficult to understand whether or not you have a wrongful death case. You may also wonder how a wrongful death lawsuit can be beneficial to you, or how you may recover costs for expenses relating to your loved one’s death.

After the death of a loved one, expenses can mount quickly, from medical bills to funeral and burial costs and lost income. Wrongful death lawsuits are civil actions that help surviving family members recoup these costs.

Is a Wrongful Death Case Criminal?

No. A wrongful death lawsuit is a civil lawsuit, which allows you to file an action for monetary damages against the individual or individuals who caused your family harm. Civil actions are handled in a different court with different rules and laws than criminal courts. Skilled litigators, like the team of attorneys at Power Rogers, can assess your case and determine the best plan for successfully securing compensation.

Your loved one’s death may involve a criminal lawsuit, but your wrongful death case will be separate and apart from that proceeding. The wrongful death lawsuit will be the means of establishing financial compensation, while a criminal proceeding will not.

Why Choose Power Rogers for Your Wrongful Death Case?

Choosing the right attorney to handle your wrongful death case is important. You’ll work directly with your attorney and their legal team while your case is handled. You will want a trusted team of experts who are personable, skilled, and experienced to handle your case. You’ll find that team at Power Rogers.

Over $5 Billion Recovered for Grieving Families

• Power Rogers has secured significant compensation in wrongful death cases. Our successes are based on our passion for helping victims’ families move forward and rebuild their lives.
• Examples include major case categories such as motorcycle accidents, medical malpractice, and aviation accidents. Our team of lawyers has tried numerous types of wrongful death cases.

Who Can File a Wrongful Death Claim in Illinois?

Certain people are eligible to file a wrongful death claim in the state of Illinois. The law defines “next of kin” in the following manner:

Eligible Family Members

• Under 740 ILCS 180/1, the surviving spouse, children, parents, and siblings of the decedent may file a claim.
• Provisions also apply to adoptive parents and adopted children.

In the event that there is no surviving spouse or next of kin, the damages from a wrongful death action could go toward benefiting others.

Filing a Claim When There is No Surviving Next of Kin

Wrongful death damages may benefit individuals or groups that provided medical or hospital services or personal representatives of the decedent’s estate. Examples include:

• The individual or group that provided hospital services in connection with the decedent’s last illness or injury
• The individual or group that provided medical services in connection with the decedent’s last illness or injury
• Personal representatives, such as those who administered the decedent’s estate

If you lost your loved one, you can only file a wrongful death claim if it has been less than two years since the individual’s death AND the death resulted from wrongful actions, negligence, or other liability. Because there are time limits for filing a wrongful death action, you should contact one of our attorneys right away to ensure your rights are protected.

Elements Of A Wrongful Death Claim

Once you determine that you have not exceeded the statute of limitations for filing a wrongful death claim, your attorney can begin to establish the following elements that every wrongful death claim must have:

• Duty of the defendant to the decedent
• Breach of that duty
• Breach proximately caused the death of the decedent
• Pecuniary damages resulted to next of kin, as defined by the Act

You may still have many unanswered questions as it pertains to wrongful death, so we encourage you to contact a Chicago wrongful death lawyer at our firm for the answers you need. We are available for free consultations.

Common Types of Wrongful Death Cases We Handle

Power Rogers handles many different types of wrongful death cases, including:

• Motor Vehicle Accidents: Negligent drivers can cause accidents in the blink of an eye. Whether they disobey traffic laws, drive under the influence of drugs or alcohol, or are distracted by their cell phone, their negligence can result in the wrongful death of other persons. These accidents include cars, trucks, and motorcycles.
• Medical Malpractice: No one likes to think that they cannot fully trust medical professionals, but mistakes happen. Unfortunately for some, these errors can cost a person their life. Medical errors, misdiagnosis, and surgical mistakes are all cases of medical malpractice.
• Product Liability: Manufacturers have a responsibility to provide products that are effective and in working order. Defective products that lead to death can result in wrongful death cases.
• Construction and Premises Liability Accidents: A construction site is a dangerous place. Employers have a responsibility to ensure that these zones are safe for their workers and that proper precautions and gear are provided to keep employees safe. Claims can arise out of unsafe work environments or negligent property maintenance that result in a death.

If you aren’t sure if your loved one has a case, it is best to contact us to schedule a consultation. You may have a wrongful death case that can help you offset your expenses.

Statistics on Wrongful Death Cases

Wrongful death cases are more common than you think. In the Chicago area alone, the statistics for wrongful death are alarming.

Wrongful Death from Motor Vehicle Accidents

According to the latest data from the Illinois Department of Transportation, in 2024, there were 1,196 fatal motor vehicle accidents across the state. Historical data indicates that the vast majority of crashes occur in Cook County. Many of these accidents result in wrongful death cases due to the negligence of one or more drivers.

Medical Malpractice Wrongful Death

In 2014, a report by the Better Government Association revealed that Illinois hospitals paid over $180 million to settle wrongful death cases from 2004 to 2014. The majority of these payouts stemmed from deaths in Cook County hospitals.

Construction Accidents and Wrongful Death

In 2022, approximately 1 in 5 workplace-related fatalities occurred in the construction industry. In Illinois, 177 work-related fatalities were reported.

How a Wrongful Death Lawyer Can Help Your Case

Dealing with a wrongful death on your own can be incredibly difficult. An attorney can provide the knowledge and support necessary for a successful claim.

Investigating Wrongful Death Claims

Attorneys conduct investigations, gather evidence, and work with experts to build strong cases. The sooner you hire an attorney, the more hands-on they can be during the entire case process and the fresher the evidence will be.

Securing Compensation for Grieving Families

Recovering expenses may be the furthest thing from your mind, but when medical bills and funeral home charges begin to pile up, you’ll need additional income to pay for them. If you lost a loved one that contributed to your household income, you’ll also need to find a way to make up for those lost wages. Additionally, non-economic damages may be available to you, like payment for pain and suffering.

What Is The Illinois Wrongful Death Statute Of Limitations?

Per 740 ILCS 180/1, there is generally a two-year statute of limitations on wrongful death actions. While true in many cases, certain entities are entitled to statutory immunities. For example, a case against the Chicago Transit Authority (CTA) resulting in death would need to be brought within one year of the death. If you lost a loved one through negligence or wrongdoing and you are unsure if you still have time to file a wrongful death action, we encourage you to contact our wrongful death attorneys in Chicago directly.

The purpose of the statute of limitations as it refers to tort law is to facilitate a swift resolution of cases involving wrongdoing. The statute of limitations ensures two main things:

• That plaintiffs with valid cases pursue them with reasonable diligence
• That both parties do not lose valuable evidence (the more time passes, the more likely this becomes)

Having a statute of limitations in place actually benefits the plaintiff, because the sooner a case is investigated, the more reliable the evidence will be. Over time, documents get lost and people forget the details. For this reason, the sooner you contact an attorney about your wrongful death action, the better.

Wrongful Death Lawyer: FAQs

What Compensation Can I Recover in a Wrongful Death Case?

You may be able to recover both economic and non-economic losses. Economic damages are quantifiable and have a specific dollar amount. These damages include things like medical bills, funeral expenses, and lost wages.

Non-economic damages include payments for things like pain and suffering, loss of consortium, and loss of quality of life. An attorney can help determine a dollar amount for these losses.

How Long Does It Take to Resolve a Wrongful Death Case?

There’s no time frame for wrongful death cases. Some may settle quickly (within a few months) or go to trial. If a trial is involved, the case will take longer. Factors that determine how long a case will take include the number of parties involved, the complexity of the case, and the court schedule for the jurisdiction in which your case is being tried.

Can a Wrongful Death Lawsuit Be Filed After a Criminal Trial?

Yes. Wrongful death lawsuits are independent of criminal trials and can proceed at any time, regardless of the criminal trial or its outcome.

Have More Questions? Speak To an Experienced Wrongful Death Attorney For Help

If you have questions about whether or not you may need to file a wrongful death lawsuit, contact Power Rogers today. Our team is ready to meet with you to discuss how we can help you recover the expenses that may have become burdensome to you, and how compensation can help you move on with your life after your loss. With over $5 billion in recovered losses, you can trust your case will be given the attention and detail it needs. Contact us today to schedule a consultation.