Our wrongful death lawyers in Schiller Park represent families after fatal vehicle crashes, construction accidents, falls, and other preventable incidents.
Charlie Therman Injury & Accident Lawyers, P.C. has served injured people and their families since 2002, and our attorneys bring 75 years of combined legal experience to personal injury cases. We provide personal, responsive representation while handling the investigation, insurance issues, and legal work involved in the claim.
Speak with a Schiller Park personal injury lawyer from our firm to schedule a free consultation.
What is a Wrongful Death Claim in Illinois?
A wrongful death claim may arise when someone dies because of conduct that would have allowed that person to pursue an injury claim had they survived. This can include negligence, wrongful acts, and other legally actionable conduct.
The claim focuses on losses suffered by the surviving spouse and next of kin because of the death. It is separate from any criminal case that may arise from the same incident.
A wrongful death attorney in Schiller Park can review how the death occurred, determine whether a civil claim may be available, and identify the parties who may be legally responsible.
Wrongful Death Cases We Handle
Fatal accidents can occur in many settings, and responsibility may rest with an individual, a business, or multiple parties.
Our firm handles wrongful death claims arising from incidents such as:
- Car accidents.
- Truck and commercial vehicle crashes.
- Motorcycle accidents.
- Pedestrian and bicycle collisions.
- Construction accidents.
- Workplace incidents involving negligent third parties.
- Dangerous property conditions.
- Negligent security incidents.
We investigate the circumstances surrounding the death and pursue claims against the parties whose conduct caused or contributed to it.
Who Can File a Wrongful Death Lawsuit in Illinois?
Under Illinois law, a wrongful death action is brought in the name of the deceased person’s personal representative. That representative may be the executor named in a will or an administrator appointed through the probate court.
Although the personal representative brings the lawsuit, compensation is generally recovered for the benefit of the deceased person’s surviving spouse and next of kin.
Questions about who qualifies as next of kin and how a recovery may be distributed can depend on the family structure. Our Schiller Park wrongful death attorneys can explain how these rules apply to your family.
Compensation Available in an Illinois Wrongful Death Claim
Wrongful death compensation addresses the losses experienced by qualifying surviving family members. The amount available depends on the person’s relationships, financial contributions, and other circumstances.
Damages may include compensation for:
- Loss of financial support.
- Loss of services.
- Loss of companionship and society.
- Loss of parental instruction and guidance.
- Grief, sorrow, and mental suffering.
- Other qualifying financial losses resulting from the death.
Illinois law directs the court to distribute a wrongful death recovery among the surviving spouse and next of kin based on their dependency on the deceased person.
Wrongful Death Claims and Survival Actions are Different
A wrongful death claim addresses losses suffered by surviving family members. A survival action preserves certain claims the deceased person could have brought if they had survived.
Depending on the circumstances, a survival action may seek compensation for losses incurred between the injury and death, which can include:
- Medical expenses related to the fatal injury.
- Lost income before death.
- Conscious pain and suffering before death.
- Other damages the deceased person could have pursued.
These claims can arise from the same incident but compensate for different losses. We evaluate both when determining which claims may be available to the estate and family.
How Our Schiller Park Wrongful Death Lawyers Establish Liability
A wrongful death case requires proof linking another party’s conduct to the death. The type of evidence needed depends on whether the loss resulted from a vehicle collision, construction accident, dangerous property condition, or another incident.
We may gather and review:
- Police or incident reports.
- Photographs and videos.
- Witness statements.
- Medical and emergency treatment records.
- Vehicle information and available electronic data.
- Employment and wage records.
- Site or property records.
- Relevant company policies and records.
Our wrongful death lawyers serving Schiller Park also examine whether multiple parties may share responsibility, so that available claims are identified before settlement negotiations begin.
How Long Do You Have to File a Wrongful Death Claim in Illinois?
Under the Illinois Wrongful Death Act, a lawsuit generally must be filed within two years after the person’s death. Certain exceptions apply, including special provisions involving some deaths caused by violent intentional conduct.
Other laws can impose different filing periods depending on who is responsible. For example, claims against certain local public entities or employees may be subject to a shorter deadline.
Because the applicable filing period depends on the facts and the defendant, it is safer to have the deadline reviewed rather than assume two years applies in every case.
Why Schiller Park Clients Choose Charlie
At Charlie Therman Injury & Accident Lawyers, P.C., we take a personal approach and keep clients informed throughout the case.
Our firm offers:
- 75 years of combined legal experience.
- More than $100 million recovered for injured clients and families.
- Personal attention from a boutique law firm.
- Responsive communication throughout the claim.
- Insight informed by Charlie Therman’s prior experience with Allstate.
- Free consultations.
- Contingency-fee representation.
- Zoom consultations when convenient.
We handle the investigation, insurer communications, and legal preparation while giving your family straightforward information about the claim and the decisions ahead.
Speak With a Wrongful Death Attorney in Schiller Park
A wrongful death claim cannot replace the person your family lost, but it can provide a legal means of seeking accountability and compensation for the losses caused by the death.
Contact Charlie Therman Injury & Accident Lawyers, P.C., to schedule a free consultation with a Schiller Park wrongful death lawyer. Our team can review what happened and give your family a clear sense of whether a wrongful death claim may be appropriate.
