Losing a loved one is heartbreaking, especially when the death was caused by someone else’s negligence; in that case, it’s considered a wrongful death. If your family is going through this difficult situation, it’s important to seek legal help from an experienced Elgin wrongful death lawyer. Our personal injury law firm has decades of experience handling these cases.
How Does a Personal Injury Lawyer Prove Wrongful Death?
For a wrongful death claim to succeed, we need to prove four key facts:
- Duty of care: the responsible party had a duty to act safely and responsibly.
- Breach of duty: the defendant failed to meet that duty through negligence or harmful actions.
- Causation: their actions directly caused your loved one’s death.
- Damages: the death resulted in measurable losses like medical expenses, lost income, or emotional pain for the family.
The job of an Elgin wrongful death attorney is to gather evidence, build a strong case, and seek justice and fair compensation for the loss of your loved one.
What Is a Wrongful Death in Illinois?
A wrongful death occurs when someone dies because of another person’s negligence or intentional harm. These incidents can include things like car accidents, unsafe workplaces, trucking accidents, or mistakes made by doctors. Under the Illinois Wrongful Death Act (740 ILCS 180/), families of the deceased people have the right to file wrongful death claims to recover compensation for the wrongful death actions.
Who Can File an Illinois Wrongful Death Lawsuit?
Not everyone can file a wrongful death lawsuit by Illinois law. The law gives the right to file a wrongful death lawsuit to the personal representative of the deceased person’s estate, typically a close family member—such as the deceased’s surviving spouse, parent, or adult child. This person can file wrongful death lawsuits for eligible family members suffering from the loss. If you’re unsure about your rights, our wrongful death attorneys can help.
Common Types of Accidents That Cause Wrongful Death in Elgin
Wrongful deaths are caused by a wrongful act including:
- Motor vehicle accidents
- Workplace accidents or unsafe working conditions
- Medical malpractice, such as surgical errors or misdiagnoses
- Slip-and-fall incidents caused by unsafe property conditions
- Defective or dangerous products
Who Can Be Held Accountable for a Wrongful Death?

Anyone responsible for negligence or harmful actions leading to a death can be held accountable in personal injury cases. This could include employers, drivers, property owners, doctors, or manufacturers of defective products.
What Is Not Considered Wrongful Death in Illinois?
According to Illinois law, a death caused by natural causes or an unavoidable accident is not considered wrongful death. Additionally, if the deceased person was found to be at fault for their own death, it may not be considered a valid wrongful death case.
What Is My Wrongful Death Case Worth?
The value of a wrongful death case depends on many factors, such as the amount of medical bills, lost income, funeral expenses, and the emotional suffering of surviving family members. While no amount of money can replace your loved one, compensation can ease financial burdens and provide some sense of justice. We can work with you to estimate the value of your claim, interact with the insurance company, and fight for every dollar you’re owed.
How Long Does It Take to Settle a Wrongful Death Case?
Wrongful death cases can take months or years to resolve, depending on the complexity of the case, the evidence, willingness to settle, and court time when necessary.
We strive to resolve cases quickly while ensuring you get the compensation you deserve.
Call Us
You don’t have to go through this alone. Let our personal injury law firm stand by your side and support your family every step of the way. Contact us today for a free consultation.