When a loved one dies due to someone else’s negligence, you need experienced legal advocates fighting for justice and maximum compensation.
At Willens & Baez Personal Injury Lawyers, P.C., we understand that no amount of money can bring back your loved one. However, pursuing a wrongful death claim can provide your family with the financial security needed during this difficult time while holding the responsible party accountable.
Willens & Baez Personal Injury Lawyers, P.C. are top-rated wrongful death attorneys who have secured over $500 million in settlements and verdicts for our clients. Our wrongful death results include:
- $3,000,000 – Wrongful death car accident settlement
- $2,250,000 – Truck accident wrongful death settlement
- $1,500,000 – Workplace wrongful death settlement
- $15,808,277 – Pedestrian accident verdict (Top 100 nationally).
Willens & Baez fight tirelessly to ensure families receive full compensation for their losses. Reach out to us for a free consultation with an experienced Chicago wrongful death lawyer. Call us today at (312) 957-4166.
Understanding Wrongful Death in Illinois
A wrongful death occurs when someone dies due to another person’s negligent, reckless, or intentional actions. In Illinois, wrongful death cases can arise from various situations including car accidents, medical malpractice, workplace incidents, defective products, and criminal acts.
Illinois experienced 1,142 fatal traffic crashes in 2023. Alcohol contributed to over 22% of fatal crashes in the state that year, while speed contributed 44.9%. Cook County had the highest number of fatal crashes in Illinois with 356 deadly crashes, accounting for more than 30% of the state’s traffic deaths.
These statistics highlight the devastating reality many Chicago families face each year.
Recent Changes to Illinois Wrongful Death Law
For the first time in 130 years, Illinois now allows punitive damages in certain wrongful death cases following recent legislative changes. This groundbreaking amendment means families can now recover punitive damages when their loved one’s death resulted from willful and wanton conduct.
Prior to this amendment, Illinois ranked among just 16 states that prohibited punitive damages in wrongful death lawsuits. The new law creates consistency, allowing survivors to recover the same damages that would have been available to the victim had they survived.
Which Family Members Can Pursue a Wrongful Death Lawsuit in Chicago?
Under Illinois law, only certain family members can file a wrongful death lawsuit:
- Surviving spouses – The deceased’s husband or wife
- Children – Including adopted children and stepchildren
- Parents – When no spouse or children survive
- Next of kin – Other close relatives if no immediate family survives.
The personal representative of the deceased’s estate typically files the lawsuit on behalf of these survivors.
Common Causes of Wrongful Death in Chicago
Motor Vehicle Accidents
Vehicle accidents remain the leading cause of wrongful death in Chicago, including:
- Car accidents – Drunk driving, speeding, distracted driving
- Truck accidents – Commercial vehicle collisions, jackknife accidents
- Motorcycle accidents – Often resulting in catastrophic injuries
- Pedestrian accidents – Especially dangerous on busy Chicago streets
- Bicycle accidents – Increasing with Chicago’s bike lane expansion.
Train and Transit Accidents
Chicago’s extensive rail network poses significant risks. In 2024, Illinois reported 102 train collisions, with 21 fatalities and 52 injuries, ranking Illinois sixth in the United States for railroad incidents. Cook County records among the most frequent highway-rail accidents in both Illinois and across the United States.
Train accidents can involve:
- Metra commuter trains – Platform accidents, derailments
- CTA trains – Subway incidents, collisions with vehicles
- Freight trains – Crossing accidents, derailments.
Medical Malpractice
Between 2004 and 2014, public hospitals in Illinois paid more than $180 million in 184 wrongful death suits due to deaths caused by medical errors. Medical malpractice wrongful death cases include:
- Misdiagnosis – Failure to diagnose cancer, heart conditions
- Surgical errors – Wrong-site surgery, anesthesia mistakes
- Birth injuries – Complications during delivery
- Hospital negligence – Infections, medication errors.
Workplace Accidents
Construction sites, manufacturing facilities, and other workplaces can be dangerous. Common workplace wrongful death causes include:
- Construction accidents – Falls, equipment failures, electrocution
- Industrial accidents – Chemical exposure, machinery malfunctions
- Transportation accidents – Work-related driving incidents.
Product Liability
Defective products can cause fatal injuries through:
- Automotive defects – Faulty brakes, airbag failures
- Medical devices – Defective implants, equipment malfunctions
- Consumer products – Dangerous design, inadequate warnings.
Types of Damages in Illinois Wrongful Death Cases
Illinois wrongful death law allows families to recover several types of compensation:
Economic Damages
- Lost income – The deceased’s earning capacity over their expected lifetime
- Lost benefits – Health insurance, pension contributions, retirement savings
- Medical expenses – Final medical bills before death
- Funeral costs – Burial or cremation expenses.
Non-Economic Damages
- Loss of companionship – The emotional support and relationship lost
- Loss of guidance – Lost parental guidance for surviving children
- Pain and suffering – Grief and emotional distress experienced by survivors.
Punitive Damages
Under the new Illinois law, punitive damages are now available in wrongful death cases involving willful and wanton conduct. This compensation penalizes the responsible party and helps prevent future misconduct.
Wrongful Death Versus Survival Actions
Illinois distinguishes between wrongful death claims and survival actions:
- Wrongful death claims compensate the family for their losses after the death. The focus is on the survivors’ damages like lost financial support and companionship.
- Survival actions allow the estate to pursue claims the deceased could have filed if they had survived. Under the Illinois Survival Act, damages cover the pain and suffering the deceased experienced before passing, medical expenses from the injury that led to death, and lost wages from injury to death.
Statute of Limitations for Chicago Wrongful Death Cases
Wrongful death lawsuits in Illinois must be filed within two years of the death to be eligible for compensation. This deadline is strict, with limited exceptions. Acting quickly preserves important evidence and ensures your legal rights are protected.
What Makes Willens & Baez Personal Injury Lawyers the Right Choice?
Proven Track Record
The Chicago wrongful death attorneys at Willens & Baez have achieved exceptional results for grieving families including:
- $3,000,000 – Wrongful death car accident settlement
- $2,250,000 – Truck accident wrongful death settlement
- $1,500,000 – Settlement after pedestrian is struck dead by truck
- $15,808,277 – Pedestrian accident verdict (recognized as one of Top 100 Verdicts nationally)
- Over $500 million in total client recoveries
- Multiple seven and eight-figure settlements and verdicts
Experienced Leadership
Matthew Willens, our founding attorney, brings over two decades of experience handling complex wrongful death cases. He has been:
- Selected for membership in the National Association of Distinguished Counsel (Top One Percent of Attorneys)
- Named one of the Best Lawyers in America
- Recognized as a Super Lawyer and Leading Lawyer
- Awarded the President’s Award by the Illinois Trial Lawyers Association
David Baez, partner, adds valuable insight from his background in insurance defense, giving our team unique advantages in understanding how insurance companies evaluate wrongful death claims.
Comprehensive Investigation
Willens & Baez thoroughly investigate every wrongful death case by:
- Securing accident scenes and preserving evidence
- Consulting with expert witnesses and accident reconstructionists
- Reviewing medical records and employment histories
- Calculating full economic and non-economic damages.
No Fee Unless We Win
How much does Willens & Baez charge to handle a wrongful death case? Willens & Baez handle wrongful death cases on a contingency fee basis, which means you pay no attorney fees unless we secure compensation for your family.
Steps to Take After a Wrongful Death
If you’ve lost a loved one due to another’s negligence:
- Preserve evidence. Keep medical records, accident reports, and witness information.
- Avoid insurance company settlements. Early offers are often inadequate.
- Contact an attorney immediately. The two-year deadline approaches quickly.
- Document expenses. Keep records of funeral costs and other expenses.
- Avoid discussing fault. Let experienced attorneys handle communications.
Frequently Asked Questions
How much is a wrongful death case worth in Illinois?
The value depends on factors like the deceased’s age, earning capacity, relationship with survivors, and circumstances of death. Illinois wrongful death settlements typically range from several hundred thousand to several million dollars, with some cases reaching $39.9 million or more.
Can I file both wrongful death and survival claims?
Yes, Illinois allows families to pursue both claims simultaneously. The wrongful death claim compensates survivors while the survival action recovers damages the deceased experienced before death.
What if my loved one was partially at fault?
Illinois follows comparative negligence rules. Even if your loved one was partially responsible, you may still recover damages reduced by their percentage of fault.
Take Action Today. Your Family Deserves Justice.
Losing a loved one is devastating. You shouldn’t have to face financial hardship on top of your grief. The skilled Chicago wrongful death attorneys at Willens & Baez Personal Injury Lawyers, P.C., stand ready to pursue the justice and compensation your family has earned.
Willens & Baez Personal Injury Lawyers are top-rated in the wrongful death field, with proven results that speak for themselves:
- $3,000,000 settlement – Wrongful death car accident for a 20-year-old woman whose mother was killed when a driver crossed the centerline
- $2,250,000 settlement – Family whose wife and mother was killed when a truck struck her car
- $1,500,000 settlement – Family of an IDOT employee struck and killed by a truck while working
- $15,808,277 verdict – Pedestrian accident involving a 12-year-old girl (recognized as one of Top 100 Verdicts nationally)
- Over $500 million in total client recoveries across all practice areas.
The wrongful death attorneys at Willens & Baez Personal Injury Lawyers, P.C. have the experience and track record to maximize your family’s compensation. Don’t let insurance companies take advantage of your grief.
Call (312) 957-4166 or contact us online for a free consultation. We’ll come to you if needed, and you pay no fees unless we win your case.
