If you’re grieving a sudden loss, you may feel overwhelmed by questions about accountability, costs, and what comes next. Searching for a wrongful death lawyer in Aurora during this time can add stress you didn’t ask for.
At Charlie Therman Injury & Accident Lawyers, P.C., our Aurora personal injury lawyer will walk through who can file a wrongful death claim, what damages may be available, how long you have to act, how cases are proven, and what to expect.
We’ll also share how our firm works with families to pursue fair results while keeping you informed and supported.
How Illinois Wrongful Death Law Connects to Personal Injury
In Illinois, a wrongful death claim is closely connected to personal injury law because it is based on the same type of wrongful conduct. When someone’s negligence or misconduct would have allowed the injured person to file a personal injury claim had they survived, that same conduct can form the basis of a wrongful death case.
Illinois law addresses wrongful death through two related legal actions. The Illinois Wrongful Death Act focuses on how the death has affected surviving family members. At the same time, the Illinois Survival Act addresses the harm experienced by the deceased person before passing away.
Understanding how these laws work together is important because wrongful death cases often involve both personal injury principles and estate-related issues. Our team has 75 years of combined experience and can help you recover compensation.
Who Can File and What Damages Are Recoverable?
A wrongful death case is brought in the name of the decedent’s personal representative, often a spouse or close family member appointed by the probate court. The lawsuit seeks to compensate the next of kin for the harm they suffered due to the loss, and the estate for survival damages.
Potential recoverable damages include:
- Loss of financial support and household services
- Loss of society, companionship, and guidance
- Grief and sorrow of surviving next of kin
- Medical expenses related to the final injury
- Funeral and burial expenses
- Conscious pain and suffering before death
Illinois follows modified comparative negligence. If the decedent is found 50% or less at fault, damages are reduced by that percentage; if more than 50% at fault, recovery is barred.
There are no general caps on wrongful death damages in Illinois after prior cap laws were struck down by the Illinois Supreme Court. Our team has recovered over $100 million in total settlements for our clients.
Common Causes of Wrongful Death We Handle in Aurora
Any event that would have supported a personal injury claim can lead to a wrongful death claim. Our wrongful death lawyers in Aurora regularly see cases arising from:
- Car, truck, motorcycle, bicycle, and pedestrian crashes
- Commercial vehicle and rideshare collisions
- Unsafe property conditions and negligent security
- Workplace incidents involving negligent third parties
We investigate all potential sources of recovery, including individual drivers, businesses, property owners, product manufacturers, and others who may share responsibility. After you’ve lost a loved one, Choose Charlie to fight for you.
Our Wrongful Death Lawyer in Aurora Can Build a Strong Case
A persuasive case starts with an early, thorough investigation. We collect police reports from the Aurora Police Department or state agencies, secure scene photographs and video, and identify witnesses. In vehicle cases, we obtain black box data, crash reconstruction, and maintenance records.
We also work with economists and vocational experts to quantify lost income and services. In addition, we document the family’s loss of society and grief with thoughtful witness statements that honor your loved one’s role in the family.
Preserving evidence quickly matters for camera footage and electronic records that can be overwritten or misplaced if not requested promptly.
Our Personal Injury Approach to Supporting Families
Our firm’s approach is simple: clear communication, careful case-building, and steady advocacy. From the first meeting, we outline realistic goals, explain costs, and map out the next steps. We handle the paperwork and deadlines so you don’t have to manage them during a difficult time.
We work on a contingency fee, which means you don’t pay attorney’s fees unless we recover compensation. We advance case costs, such as expert fees and records, and we talk with you before major expenses so you can make informed decisions. If the case is better resolved in court, we are ready to try it.
Our team of wrongful death lawyers in Aurora understands that not everyone has health insurance, but we have a network of doctors that can get you the care you need on a lien basis.
The Legal Process and Timeline in an Aurora Wrongful Death Case
Most wrongful death cases follow a similar path, though no two are the same. Here’s what you can expect:
- Initial consultation and case review: We listen to your account, gather preliminary facts, and assess potential claims.
- Investigation and evidence preservation: We secure records, contact witnesses, request video, and consult appropriate experts.
- Estate and probate steps: If needed, we help with opening an estate and appointing the personal representative.
- Demand and negotiation: We prepare a detailed demand package outlining liability and damages.
- Filing suit: If the case does not resolve, we file in the appropriate county and serve all defendants.
- Discovery: Both sides exchange evidence and take depositions. We continue working on damages and liability evidence.
- Mediation and settlement efforts: Many cases resolve after discovery when the facts are clearer.
- Trial and verdict: If necessary, a jury decides liability and damages.
Timelines vary based on the court’s schedule, the number of parties, and the difficulty of the issues. Some cases resolve in months; litigated matters may take a year or more.
Talk to Our Aurora Wrongful Death Attorney Today
You shouldn’t have to figure this out alone while grieving. If you’re considering a wrongful death claim in Aurora, Charlie Therman Injury & Accident Lawyers, P.C. is ready to listen, answer your questions, and explain your options.
Contact us to schedule a free case evaluation. We’ll review your situation, outline next steps, and start building a plan to pursue the compensation your family needs.
