When a fatal accident could have been prevented, Illinois law may give surviving family members the right to seek compensation through a civil claim. A wrongful death lawyer in Harwood Heights can determine who has the authority to bring the case, identify the responsible parties, and document the losses caused by the death.
Charlie Therman Injury & Accident Lawyers, P.C., has represented injured people and families since 2002. We provide direct communication throughout the case and handle dealings with insurers so you can make informed decisions based on the facts and Illinois law.
Contact us for a free consultation with a Harwood Heights personal injury lawyer to discuss what happened.
When Can You File a Wrongful Death Claim in Illinois?
The Illinois Wrongful Death Act applies when a person dies because of a wrongful act, neglect, or default that would have allowed the person to bring an injury claim if they had survived.
The legal theory depends on how the death occurred. In a fatal traffic crash, for example, the claim may be based on a driver’s failure to use reasonable care. A construction death may require a review of the conduct of contractors, subcontractors, or other companies working at the site.
Our Harwood Heights wrongful death lawyers examine the underlying event first because the family must establish legal responsibility before damages can be recovered.
Who Can Bring an Illinois Wrongful Death Case?
Illinois generally requires the deceased person’s personal representative to bring the wrongful death lawsuit. The personal representative may be an executor named in a will or an administrator appointed through the estate process.
The recovery is generally for the benefit of the deceased person’s surviving spouse and next of kin rather than for the personal representative individually.
We can help determine:
- Who should serve as the personal representative.
- Whether an estate needs to be opened.
- Which relatives may qualify as beneficiaries.
- What records are needed to establish family relationships and financial dependency.
- How the wrongful death case relates to any claim belonging to the estate.
We can address these procedural issues while also investigating the cause of the fatal accident.
Recoverable Damages in a Wrongful Death Claim
Illinois wrongful death damages focus on the losses experienced by the surviving spouse and next of kin. The type and amount of compensation depend on the family relationships, financial circumstances, and evidence presented.
Damages may address:
- Loss of financial support.
- Loss of services the deceased provided.
- Loss of companionship and society.
- Loss of parental guidance and instruction.
Illinois courts determine damages based on the evidence rather than a fixed formula. Our wrongful death lawyers in Harwood Heights document both the economic contributions the deceased made and the nature of the relationships affected by the death.
A Survival Claim May Also Be Part of the Case
Wrongful death and survival claims address different losses.
A wrongful death claim belongs to the statutory beneficiaries and addresses the harm they experienced because of the death. A survival action allows certain claims the deceased person had before death to continue through the estate.
Depending on the circumstances, a survival claim may include compensation connected to:
- Medical expenses incurred before death.
- Income lost between the injury and death.
- Conscious pain and suffering supported by the evidence.
- Property losses arising from the underlying incident.
- Other damages the deceased could have pursued if they had lived.
The length of time between the injury and death can affect which survival damages are supported.
How Our Harwood Heights Wrongful Death Lawyers Establish Responsibility for Fatal Accidents
Wrongful death cases often require evidence from several sources. We look at how the fatal event occurred, who controlled the conditions involved, and whether another person or business failed to use reasonable care.
Records From the Incident
Depending on the case, we may obtain police reports, photographs, video footage, worksite records, vehicle information, inspection records, or other documents created near the time of the accident.
Witness Evidence
People who witnessed the incident or observed the conditions beforehand may provide information not reflected in an official report.
Medical and Financial Records
Medical records can help establish the cause of death and the treatment provided before death. Employment, tax, and benefits records may help document the financial support the deceased would likely have continued to provide.
We organize the evidence around the specific legal claim instead of relying on assumptions about how the accident occurred.
How Long Do You Have to File a Wrongful Death Lawsuit?
Under the Illinois Wrongful Death Act, most actions must be filed within two years after the date of death. Different deadlines can apply in certain cases, including deaths resulting from violent intentional conduct and claims involving particular defendants or government entities.
The filing deadline is not the only reason to begin an investigation early. Video can be overwritten, vehicles can be repaired, job sites can change, and records may become more difficult to obtain.
A Harwood Heights wrongful death attorney can identify the deadline that applies to the specific claim and begin preserving available evidence.
Why Families Choose Charlie
Charlie Therman Injury & Accident Lawyers, P.C., is a boutique firm focused on personal service. We understand that families dealing with a fatal loss need clear information and a legal team that responds when questions arise.
When you work with us, you can expect:
- More than 75 years of combined legal experience.
- Responsive communication about the progress of the case.
- Direct handling of insurance communications.
- Electronic options for sending documents and communicating with our office.
- Free consultations, including meetings by Zoom.
- Representation on a contingency-fee basis, so you do not pay attorney fees unless we obtain a recovery for you.
We take the time to understand the financial and personal losses involved and build the claim around evidence that supports them.
Get Answers From a Wrongful Death Attorney in Harwood Heights
You do not need to determine on your own whether another person or business is legally responsible for your loved one’s death. We can investigate the event, explain who may bring the claim, and identify the compensation your family may be able to pursue under Illinois law.
Choose Charlie. Contact Charlie Therman Injury & Accident Lawyers, P.C., for a free consultation with a wrongful death attorney in Harwood Heights. We can discuss the circumstances of the death and explain the legal steps available to your family.
