Losing a loved one can be even harder when their death was caused by someone else’s negligence. Along with your loss, your family may face financial burdens. An Evanston wrongful death lawyer from our personal injury law firm can help you seek justice and hold the responsible parties accountable through a wrongful death claim.
In this Article
Do I Need a Lawyer After a Wrongful Death Accident in Evanston?
What Is a Wrongful Death in Evanston?
A death is considered “wrongful” under the Illinois Wrongful Death Act (740 ILCS 180/) when it results from another person’s or entity’s negligent or wrongful act. A key factor is determining whether the person injured could have survived if not for the other party’s actions.
How Can You Prove Wrongful Death in Evanston, IL?
To prove wrongful death in Illinois, an experienced wrongful death attorney must show four things:
Duty of care: the defendant had a legal duty to act safely.
Breach of duty: they failed to uphold that duty.
Causation: negligent or intentional actions directly caused the person’s death.
Damages: the death led to financial losses (like medical bills) for the surviving family members.
Common Types of Wrongful Death Accidents in Evanston
While any type of fatal accident can potentially result in a wrongful death, some are more common than others, including:
A negligent driver causing a car, truck, or motorcycle accident
Medical malpractice or medical errors
Slip and fall accidents due to negligent property owners
Workplace accidents
Construction site accidents
Product defects
What Does Not Qualify as a Wrongful Death?
Not all deaths are considered wrongful. Deaths from natural causes or unavoidable accidents don’t qualify. But if negligence contributed in any way, you may be able to pursue legal action and hold the negligent party accountable.
Who Can File a Wrongful Death Suit in Illinois?
According to Illinois law, after a victim’s death, wrongful death lawsuits can only be filed by the personal representative of the deceased person’s estate. In most wrongful death cases, this is typically an immediate family member (like a surviving spouse or child) who is named in the deceased’s will or appointed by the court.
Who Can Be Held Liable for a Wrongful Death in Evanston?
What Financial Compensation Can Be Recovered in a Wrongful Death Lawsuit?
After a loved one’s death, families can recover both economic and non-economic damages. You may be able to pursue compensation for:
The physical pain an injured person suffered before death
Medical expenses for the fatal injuries
Funeral costs
Burial costs
Lost income (future income, lost wages, and other financial support)
Mental suffering (emotional distress)
Loss of companionship
How Long Does It Take to Settle an Illinois Wrongful Death Case?
Wrongful death cases can take months or years to resolve, depending on the complexity of the case, the available evidence, and the willingness of the at-fault party to settle.
Our personal injury lawyers handle the legal process and work to gather necessary evidence to resolve your case as quickly as possible while getting you the full and fair compensation you and your family deserve.
How Long Do I Have to File an Illinois Wrongful Death Lawsuit?
In Illinois, the statute of limitations (735 ILCS 5/13-114) for wrongful death lawsuits and other personal injury cases is typically two years from the date of death, with some exceptions. Contact our law firm to protect your rights.
Contact Our Law Firm Today
Our legal team has decades of experience navigating personal injury lawsuits, and we stand ready to provide legal representation for your loved one’s wrongful death claim. We can work to prove negligence, provide legal guidance to the representative of the deceased’s estate, and recover compensation for funeral expenses and more.
Schedule Your Free Consultation
If you need legal assistance for your loved one’s death, call The Kryder Law Group, LLC Accident and Injury Lawyers, for a free initial consultation. In these meetings, our Evanston wrongful death attorneys will review your case and discuss your legal options for a wrongful death action to seek just compensation for your loss. Our experienced lawyers work on a contingency fee basis, so you owe no legal fees unless we win your personal injury claim.
Get help from an Evanston wrongful death lawyer when you've lost a loved one because of someone else's negligence.
$7.5 Million
Recovery for a construction worker injured when a support wall fell and struck him. (Highest award on record for a construction injury in DuPage County at the time).
$3.2 Million
Recovery for a construction worker injured when he fell in an uncovered foundation trench, ranking as the highest award on record for a construction injury in McHenry County at the time.
$3 Million
Recovery for the family of a man struck by a garbage truck that was making an illegal turn.
$2.2 Million
Recovery for a salesman injured in an automobile collision.
$2 Million
Recovery for a man struck by a speeding vehicle as he waited for the CTA bus.
$1.5 Million
Recovery for a truck driver that was struck by another car on the expressway while his vehicle was disabled.
$1.4 Million
Recovery for a computer programmer that slipped and fell in the washroom at work.
Recovery for a pedestrian struck by a vehicle in a parking lot. At the time, this was the second-highest recovery on record in DuPage County for a similar injury.
$800,000
Recovered for a disputed wrongful death claim against a trucking company. The company denied they were involved in the collision.
$660,000
Recovery for a truck driver that was injured while unloading his trailer.
$550,000
Recovery for a person who slipped and fell in a grocery store.
$550,000
Recovery for a woman who injured her neck in a motor vehicle collision.
$500,000
Recovery for a pedestrian that was struck by a vehicle while standing on the sidewalk.
$500,000
$500,000 Policy limit settlement for a 48-year-old woman injured in a Cook County head-on collision after another driver made an unsafe left turn into traffic.
$460,000
Recovery for a truck driver that tripped and fell in the parking lot while making a delivery.
$450,000
Recovery for a dental assistant who slipped and fell at work on an unnatural accumulation of ice.
$425,000
Recovery for a union worker struck by a speeding vehicle.
$425,000
Recovery for a passenger in a vehicle struck by an inexperienced driver.
$415,000
Recovered for a woman that required neck surgery after aggravating an existing neck injury in a truck accident.
$400,000
Recovery for a lab technician injured while transporting equipment.
$370,000
Recovery for a construction worker injured on faulty equipment at a construction site.
$315,000
Recovery for a motorist struck by a falling utility pole.
$310,000
Recovery for a person injured in a motor vehicle collision.
$300,000
Recovery for a bicyclist struck by a vehicle.
$250,000
Recovery for a young woman struck by another vehicle.
$250,000
Recovered for a woman who sustained a partial finger amputation and other injuries in a rollover car accident. (Policy Limits)
$250,000
Recovered for a man injured in a motor vehicle collision.
$250,000
Recovered for a 60-year-old woman involved in a car accident. (Policy Limits)
$250,000
Recovered for a man hit by a semi-truck while operating a go-cart.
$250,000
Recovered for an individual who suffered a severe knee injury after a slip and fall on a wet floor at a Will County retail store.
$240,000
Recovery for the injured party struck by another vehicle.
$235,000
Recovery for a person injured in a motor vehicle collision.
$235,000
Recovery for an inventory clerk injured when shelving toppled onto her.
$219,000
Recovery for a restaurant patron that slipped and fell in the bathroom.
$200,000
Recovered for an airline employee struck on the runway at O’Hare International Airport.
$190,000
Recovery for a person injured in a motor vehicle collision.
$175,000
Recovered for a child injured by fireworks at a fourth of July celebration.
$170,000
Recovered for a person injured when she slipped and fell exiting a major retail store.
$150,000
Recovered for a woman who fractured her leg when she was struck by a vehicle.
Latisha S.
Great service. They helped me get my money, and everyone was very pleasant even though the health insurance took a while. Everything was on point on Kryder’s side.
(312) 223-1700