Losing a loved one is one of the most devastating experiences a family can endure, and when that loss is caused by the negligence or wrongful actions of another party, the grief can be overwhelming. In Illinois, the Illinois Wrongful Death Act (740 ILCS 180) provides a legal path for families to seek justice and compensation for their loss.
In this video, we discuss the Wrongful Death Act in Illinois and the information families need if then are considering a wrongful death lawsuit after a fatal accident.
Illinois Wrongful Death law - Frequently Asked Questions (FAQ):
1. Who can file a wrongful death claim in Illinois? The personal representative of the deceased's estate files the claim. If the deceased had a will, the executor named in the will typically handles this. If there is no will, the court appoints a representative.
2. What damages can be recovered in a wrongful death case? Survivors may be entitled to economic damages (medical bills, funeral expenses, lost income) and non-economic damages (pain and suffering, loss of companionship). In some cases, punitive damages may also be awarded.
3. Who will receive the proceeds from a wrongful death settlement? Proceeds are typically distributed to the surviving spouse, children, or other next of kin, based on their financial dependency and the deceased’s relationships.
4. What are the main causes of wrongful death in Illinois? Major causes include motor vehicle accidents, trucking accidents, nursing home neglect, medical malpractice, workplace accidents, and defective products.
5. How do I know if I have a case for wrongful death? If your loved one’s death was caused by someone else's negligence or wrongdoing, you may have a valid wrongful death claim. It’s best to consult with an experienced attorney to discuss the specifics of your situation.
Why John J. Malm & Associates?
At John J. Malm & Associates, our award-winning attorneys understand the emotional and financial toll of wrongful death, and we’re here to help. As a leading personal injury law firm in Illinois, with offices in Naperville and St. Charles, our team of six attorneys has over 90 years of combined experience. We specialize in wrongful death claims, whether due to motor vehicle accidents, trucking accidents, nursing home neglect, medical malpractice, workplace accidents, or defective products.
We are committed to helping families recover the compensation they deserve and guide them through the complex legal process. Under the Illinois Wrongful Death Act, the personal representative of the deceased's estate must file a claim on behalf of surviving family members, such as a spouse, children, or other close relatives.
Compensation may include economic damages (medical bills, funeral costs, lost income) and non-economic damages (emotional pain, loss of companionship). In some cases, punitive damages may be awarded.
At John J. Malm & Associates, we handle every case with dedication, ensuring that all responsible parties are held accountable. We fight tirelessly for the maximum compensation and justice your family deserves.
We Are Here To Help: "Losing someone you love turns your world upside down. In the middle of grief, legal issues can feel like too much to bear. We understand how heavy that burden is. That’s why we’re here—to provide steady guidance, support, and answers when everything feels uncertain. You don’t have to face this alone. Let us help you navigate the legal side, so you can focus on what matters most: honoring your loved one and healing." - Naperville Fatal Accident Attorney John J. Malm
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