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Your family can seek answers about a loved one’s death without deciding immediately whether to pursue a lawsuit. At Charlie Therman Injury & Accident Lawyers, P.C., our wrongful death lawyers in Kankakee can review what happened, explain who may be responsible, and help you understand your legal options.
Our boutique firm offers personal attention backed by 75 years of combined experience. We handle the investigation and insurance communications while keeping your family informed and involved in case decisions.
To discuss your questions in a free consultation, contact a Kankakee personal injury lawyer from our team.
What Makes a Death Wrongful Under Illinois Law?
A death may support an Illinois wrongful death claim when another party’s wrongful act or negligence caused it and your loved one could have pursued an injury claim had they survived.
These cases can involve fatal car crashes, pedestrian collisions, unsafe property conditions, and boating accidents. A fatal outcome alone does not establish responsibility. For example, a truck crash may require investigating both the driver’s actions and the trucking company’s conduct.
A civil claim is separate from a criminal prosecution and may proceed even without criminal charges. At Charlie Therman Injury & Accident Lawyers, P.C., we review the available information to determine whether the evidence supports a case.
Who Can Bring a Wrongful Death Claim in Kankakee?
The deceased person’s personal representative generally brings a wrongful death claim in Kankakee for the benefit of the surviving spouse and next of kin. Being a close relative does not automatically authorize someone to file independently.
A will may name an executor, but that person still needs court authority to act. If no representative is serving, the court may need to appoint one. Illinois law also allows a special administrator in certain circumstances.
Our Kankakee wrongful death attorneys can explain the appointment process and identify potential beneficiaries. When proceedings belong in Kankakee County, the courthouse is at 450 East Court Street. We determine the proper court based on the case, rather than assuming it must be filed where your family lives.
Compensation for Your Family’s Losses
Wrongful death damages address losses suffered by the surviving spouse and next of kin. Depending on the evidence, compensation can include:
- Lost financial support and employment benefits.
- Lost household services and caregiving.
- Loss of companionship, guidance, and support.
- Grief, sorrow, and mental suffering.
Financial losses are more than a recent paycheck. Your loved one’s work history, likely future earnings, and contributions at home help establish what the family has lost. Household services also have value when the person was not earning wages.
At Charlie Therman Injury & Accident Lawyers, P.C., we document these contributions and explain how damages are assessed. Under Illinois law, the court determines each beneficiary’s share based on relative dependency.
Survival Claims for Losses Before Death
A survival claim preserves certain claims your loved one could have pursued before death. It addresses their injuries and losses, while a wrongful death claim addresses the surviving family’s losses.
When supported by evidence, a survival claim can include conscious pain and suffering, medical expenses, and earnings lost between injury and death. Medical records and witness accounts can help establish what your loved one experienced during that period.
We review both claims together and determine how to pursue funeral and burial expenses. The distinction affects who receives the recovery and how it is handled, so we assess each claim separately.
How Our Kankakee Wrongful Death Lawyers Establish Responsibility
Many wrongful death cases require proof that someone had a duty to use reasonable care, failed to meet that duty, and caused the death. We identify each party’s responsibilities and gather evidence showing how their actions contributed.
At Charlie Therman Injury & Accident Lawyers, P.C., our investigation may include:
- Crash reports, photographs, and witness statements.
- Surveillance footage and electronic vehicle data.
- Medical records documenting the injuries and cause of death.
- Maintenance records, training files, and company policies.
- Opinions from qualified professionals who can explain disputed technical issues.
Responsibility can be shared. In Illinois negligence cases, fault attributed to your loved one generally reduces compensation, and recovery is generally barred if their fault exceeds 50%. We examine the evidence behind these allegations before accepting an insurer’s position.
Filing Deadlines for Illinois Wrongful Death Claims
Illinois wrongful death lawsuits generally must be filed within two years after the date of death. Different rules can apply to claims involving public entities, violent intentional conduct, minor beneficiaries, or other circumstances.
Related survival claims need a separate deadline review. Opening an estate, reporting the death, or negotiating with an insurer does not necessarily pause either filing period. Our wrongful death attorneys in Kankakee check the relevant dates and defendants to determine when action is required.
An early review also gives us time to preserve evidence. Footage may be overwritten, vehicles repaired, and witnesses harder to locate well before the filing deadline.
Handling Insurance Requests and Settlement Offers
An adjuster may request statements, medical authorizations, or a release after a fatal incident. Before responding, understand what the request covers and whether an insurance policy requires cooperation. Give accurate information without guessing about events you did not witness.
At Charlie Therman Injury & Accident Lawyers, P.C., we evaluate offers against the evidence of responsibility, available coverage, and documented losses. A release can permanently end claims covered by its terms, so we explain both the proposed payment and the rights being given up.
If negotiations do not resolve the case, we can discuss litigation and trial preparation. Wrongful death settlements generally require court approval, including allocation among beneficiaries. Additional protections can apply when children receive a share.
Records to Keep After a Fatal Incident
You do not have to investigate the death yourself. Start by gathering documents already available to your family so we can identify what else to request.
Useful records include:
- The death certificate and incident report information.
- Medical bills and treatment records.
- Insurance letters, emails, and proposed releases.
- Original photographs, messages, and witness contact details.
- Pay statements, tax returns, and employment benefit information.
- Records showing caregiving and household responsibilities.
Keep original digital files without editing them. We can request missing records from agencies, businesses, and healthcare providers as the investigation develops.
Speak With a Wrongful Death Attorney in Kankakee
An initial consultation gives your family an opportunity to ask about responsibility, the representative’s role, and the steps involved in a claim. We will explain potential obstacles and the options supported by the available information.
Charlie Therman Injury & Accident Lawyers, P.C., offers Zoom consultations and handles injury cases on a contingency fee basis. Contact our Kankakee wrongful death lawyers for a free consultation about your loved one’s death and how we can help your family pursue a claim.
