Chicago Wrongful Death Lawyer

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Losing a loved one is always a tragic event. But it is especially tragic when the loss was caused by someone else’s negligence, recklessness, or intent. Under Illinois law, families of wrongful death victims may be entitled to recover compensation for a fatal automobile or trucking accident, work injury, medical malpractice, nursing home neglect, or any other negligent conduct that results in the death of another person.

An experienced Chicago wrongful death lawyer from our legal team at The Kryder Law Group, LLC Accident and Injury Lawyers, can skillfully and compassionately handle the entire wrongful death case for you in your time of need.

How Do Chicago Wrongful Death Lawyers Prove Wrongful Death Lawsuits?

Experiencing the loss of someone through negligence or intentional harm can give rise to a wrongful death claim. A viable case for wrongful death action depends on showing the deceased’s injury resulted from another’s carelessness or violent act.

An experienced wrongful death attorney from our team will prove:

Duty of Care

This implies that an obligation existed to act carefully and safely towards your loved one. For instance, in traffic, it would require adherence to road laws. On a construction site, a subcontractor must ensure safe equipment is provided and proper safety protocols are followed.

Breach of Duty

The negligent party took some action (or inaction) that neglected their duty of care. In car accidents, this could mean speeding, drunk driving, or improper maneuvers. In an accident at a worksite, this could mean that work equipment was improperly maintained or manufactured.


We must demonstrate that the defendant’s negligence resulted in your loved one’s wrongful death. Should the defense allege contributory fault or another cause during the wrongful death suit, our wrongful death attorneys will refute these claims with solid evidence.


Our Chicago wrongful death attorneys will need evidence to show that your loved one’s death has caused you financial and/or non-financial losses. This evidence will help determine what will be fair financial compensation for you.

What Is a Wrongful Death in Illinois?

What Is a Wrongful Death in Illinois?

Wrongful death in Illinois is defined under the Illinois Wrongful Death Act (740 ILCS 180/). Wrongful death occurs when an individual dies due to another’s negligent or intentional actions, allowing the victim’s family to pursue legal compensation for the wrongful act.

What Does Not Qualify as a Wrongful Death?

Not every death resulting from an accident or injury can be classified as wrongful death. Deaths stemming from unavoidable accidents, acts of God, or the deceased’s own negligence typically do not meet the criteria to file wrongful death claims in the state of Illinois.

Common Causes of Illinois Wrongful Death Cases

Some common causes of Illinois wrongful death cases include:

  • Vehicle Accidents: Fatalities often occur from careless driving, driving under the influence, or car malfunctions.
  • Workplace Incidents: Deaths in workplaces arise from lax safety or faulty machinery.
  • Medical Malpractice: Fatal outcomes can arise from surgical mishaps, incorrect diagnosis, or prescription errors.
  • Slip and Fall Accidents: Fatal accidents due to improper upkeep or insufficient safety on premises.
  • Defective Products: Consumer products with design or manufacturing flaws can lead to death.
  • Nursing Home Neglect: The untimely passing of elderly due to neglect or abuse in caregiving facilities.
  • Fires and Explosions: Deaths due to fires or explosions that could have been avoided.
  • Construction Site Accidents: Deaths at construction sites from falls, electrocutions, or equipment-related mishaps.

Who Can Be Held Accountable in an Illinois Wrongful Death Lawsuit?

In wrongful death cases in Chicago, various parties can be held accountable, including individuals, corporations, and even government entities. Accountability depends on the circumstances of the death.

For example, in motor vehicle accidents, the at-fault driver can be held accountable. For workplace incidents, employers or contractors may be responsible. Medical malpractice could implicate health care providers, and product defects might implicate manufacturers.

Who Cannot Be Held Liable for a Wrongful Death in Illinois?

Certain parties are protected from wrongful death claims under Chicago wrongful death laws. These include government agencies performing discretionary functions and employers in situations covered by workers’ compensation insurance.

Types of Compensation for Wrongful Death Cases

In personal injury cases, a Chicago wrongful death attorney could pursue recovery for damages such as:

  • Medical care needed by your loved one prior to their death
  • Funeral and burial costs
  • Mental anguish for the victim and their family
  • Loss of companionship for the surviving spouse

Figuring out how much money is fair compensation for wrongful death actions is quite complex. However, our seasoned attorneys are skilled at determining what a fair settlement should be for these difficult cases.

Who Can File a Wrongful Death Lawsuit?

Under Illinois law, wrongful death claims can be filed by the deceased’s “personal representative.” If a will designates an executor, that individual becomes the personal representative. Without a will, or if it’s invalid, the court appoints an administrator, typically a close relative such as a surviving spouse or offspring.

Immediate family members—spouse, children, parents, siblings—are entitled to sue in Illinois, and under certain conditions, extended family might also seek damages.

Who Cannot File a Wrongful Death Claim?

In Illinois, those barred from filing wrongful death claims include distant relatives without court appointment, friends, and cohabitants not legally related to the deceased person.

Can multiple family members file separate wrongful death claims?

No, in Illinois, wrongful death claims must be filed by the personal representative of the deceased’s estate for the benefit of the eligible surviving family members. Multiple wrongful deaths claims by different family members are not permitted under state law.

How Long Does a Wrongful Death Lawsuit Typically Take in Chicago, IL?

The duration of a wrongful death lawsuit can vary widely depending on the complexity of the case, the number of parties involved, the insurance companies involved, and the willingness of the parties to reach a settlement. It can range from several months to a few years.

The Kryder Law Group, LLC Accident and Injury Lawyers Is Here to Help

Losing a loved one is a traumatic experience, and no amount of money can compensate for your pain and loss. However, pursuing a wrongful death claim can provide the financial support you need during this difficult time and hold at-fault parties accountable for their actions. Our dedicated team of skilled wrongful death lawyers in Chicago work tirelessly to ensure that you receive the justice and closure you deserve.

Call Us for a Free Consultation

Our law firm offers a free consultation to discuss your case, answer any questions you may have, and guide you through the legal process.

Our wrongful death legal services are provided on a contingency fee basis, meaning you pay only if we secure compensation for your loss.

Chicago Wrongful Death Lawyer
If you have lost a loved one in an accident in Chicago, please contact us at The Kryder Law Group, LLC Accident and Injury Lawyers today.
Britt C.

Andrew Kryder went above and beyond to help me out with a case that I brought to him. He was prompt, attentive, and extremely thorough. It was a pleasure to work with him!

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The Kryder Law Group, LLC Accident and Injury Lawyers, 134 North LaSalle St. Suite 1515 Chicago, IL 60602
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    Phone Number (312) 598-1012
    134 North LaSalle St., Suite 1515
    Chicago, IL 60602 Get Directions

    Settlements & Verdicts

    $7.5 Million Recovered for a Construction Worker Injured on Site
    $3 Million Recovered for the Family of a Person Struck by a Garbage Truck
    $2.2 Million Recovered for a Salesperson Injured in an Automobile Collision
    $2 Million Recovered for a Person Struck by a Speeding Vehicle While Waiting for the CTA Bus
    $1.4 Million Recovered for a Computer Programmer Injured in a Slip and Fall
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