When another person or business is responsible for a fatal accident, the family may have rights under the Illinois Wrongful Death Act. A wrongful death lawyer in Villa Park can investigate the cause of death, determine who has the authority to bring the claim, and pursue compensation for the losses recognized by Illinois law.
Charlie Therman Injury & Accident Lawyers, P.C., has recovered more than $100 million for clients. We are a boutique injury firm that places a strong emphasis on responsive communication and personal attention during difficult cases.
Contact us for a free consultation with a Villa Park personal injury lawyer to discuss the circumstances of your family’s loss.
Do You Have a Wrongful Death Claim in Illinois?
A wrongful death claim may arise when the person who died could have brought a personal injury action if they had survived. The underlying conduct may involve negligence, reckless behavior, or another wrongful act.
The first question is, therefore, how the death occurred and whether another party was legally responsible. Our Villa Park wrongful death lawyers investigate that issue before assessing the losses available to the family.
Fatal accident claims may arise from:
- Car and commercial truck collisions.
- Motorcycle accidents.
- Pedestrian and bicycle crashes.
- Construction site accidents.
- Workplace incidents involving negligent third parties.
- Unsafe property conditions.
- Negligent security.
- Boating accidents.
- Other fatal incidents caused by negligent conduct.
When several people or businesses are involved, we examine the role of each one rather than assuming there is only one potential defendant.
Who Files a Wrongful Death Lawsuit?
Illinois law generally requires the wrongful death action to be brought in the name of the deceased person’s personal representative. That person acts on behalf of the individuals who are legally entitled to benefit from the recovery.
The personal representative may be an executor named in a will or an administrator appointed by the court. If no estate has been opened, additional steps may be necessary before the lawsuit can proceed.
The recovery is generally for the surviving spouse and next of kin. A wrongful death attorney in Villa Park can explain who falls within that group based on the deceased person’s family circumstances.
Losses Your Family Can Claim
Wrongful death compensation is not limited to the income the deceased person would have earned. Illinois law recognizes that a death can cause both measurable financial harm and substantial personal loss.
Depending on the evidence, damages may address:
Financial Support and Services
A claim can account for income, benefits, and services the deceased person would reasonably have contributed to the family.
Loss of Society and Guidance
A spouse, child, or other qualifying relative may lose companionship, care, guidance, instruction, and other aspects of the relationship.
Grief, Sorrow, and Mental Suffering
Illinois law expressly allows these losses to be considered in a wrongful death action.
Other Recoverable Damages
Additional damages may apply based on the underlying claim and facts. Illinois law also permits punitive damages in wrongful death actions when punitive damages are otherwise legally available, subject to statutory exceptions.
Our wrongful death lawyers in Villa Park identify damages supported by the specific family relationships and evidence, rather than relying on a standard calculation.
Wrongful Death and Survival Actions
A fatal accident can give rise to two legally distinct types of claims.
The wrongful death action addresses losses suffered by the surviving spouse and next of kin because the person died. A survival action preserves certain claims the deceased person had between the injury and death.
A survival claim may include compensation for losses such as:
- Medical expenses incurred before death.
- Lost earnings before death.
- Conscious pain and suffering when supported by the evidence.
- Property losses associated with the incident.
- Other claims the deceased person could have pursued.
Whether a survival action adds substantial damages often depends on what occurred between the initial injury and the person’s death.
How Our Villa Park Wrongful Death Attorneys Investigate These Claims
A wrongful death investigation should answer more than who was present when the fatal event occurred. We look at what led to the incident, what each responsible party did, and what evidence can establish causation.
The investigation may involve:
- Police or incident reports.
- Photographs and surveillance video.
- Witness interviews.
- Vehicle information and available electronic data.
- Worksite or business records.
- Medical and emergency treatment records.
- Employment records.
- Safety documentation when relevant.
- Other records tied to the cause of the accident.
Different cases call for different evidence. A fatal vehicle collision may depend heavily on roadway and vehicle information, while a construction case may require contracts, work logs, and evidence showing which company controlled the activity involved.
Documenting What Your Family Has Lost
Financial records are only one part of a wrongful death case. The relationship between the deceased person and each eligible family member can also affect the damages presented.
Evidence may include employment and income records, tax documents, benefit information, and proof of household contributions. Family testimony can provide context about the care, support, companionship, and guidance the person provided.
For a parent who died, this may include the role they played in raising and guiding their children. For a spouse, the evidence may address both financial support and the loss of shared responsibilities and companionship due to the death.
How Long Do You Have to File?
Illinois generally requires a wrongful death action to be filed within two years after the death, but the applicable deadline can change based on the facts and the type of defendant involved.
Separate rules can apply in claims involving government entities or certain intentional acts. Other claims connected to the same incident may also have their own filing periods.
Waiting can create evidentiary problems even when the statutory deadline has not expired. Video may be deleted, vehicles may be repaired, job sites may change, and witnesses may become difficult to locate. A lawyer can determine which deadlines apply and begin requesting evidence before it is lost.
Why Choose Charlie?
Charlie Therman Injury & Accident Lawyers, P.C., is structured as a boutique firm, allowing us to provide clients with personal attention rather than treating their case as one of hundreds moving through an office.
Our firm provides:
- More than 75 years of combined legal experience.
- Responsive communication when you need information about the case.
- Direct handling of communications with insurers.
- Electronic options for sending records and staying in contact with our team.
- Free consultations, including meetings by Zoom.
- Contingency-fee representation, so you do not pay attorney fees unless we obtain a recovery for you.
Our founding partner previously worked on the insurance side with Allstate. That experience gives us insight into how carriers analyze fault, financial exposure, and settlement demands in serious injury and death claims.
Speak With a Villa Park Wrongful Death Lawyer
If you believe another party caused your family member’s death, we can determine whether Illinois law provides a basis for a claim and explain who has the authority to pursue it. You do not need to resolve the estate, insurance, and liability questions before contacting our firm.
Choose Charlie. Call Charlie Therman Injury & Accident Lawyers, P.C. for a free consultation with a Villa Park wrongful death attorney.
