A Chicago wrongful death lawyer can pursue compensation for your family when someone else's negligence caused your loved one's death. Most Illinois claims must be filed within 2 years, and claims against the City of Chicago or the Chicago Transit Authority (CTA) have shorter deadlines. Nothing replaces the person you lost, but a claim can ease the financial strain and hold the responsible party accountable.
At Herbert Rosner Connelly Law Firm, our attorneys represent grieving families throughout Chicago. We investigate what happened, identify every party that may share responsibility, and handle the insurers so your family has room to grieve.
When carelessness takes someone you love, your family needs answers. Our job is to find them, document your losses, and pursue every available source of compensation.
Three founding partners lead our firm, and our attorneys handle personal injury and workers' compensation matters throughout Chicago. Fatal cases often involve both areas at once, such as a workplace death that also supports a claim against an outside contractor.
Recoveries our attorneys have obtained include the following:
Past results do not predict future outcomes.
Recent data show how often preventable deaths still occur:
Behind each number is a family facing funeral costs, lost income, and a loss no statistic can capture.
No attorney can responsibly value your case before reviewing the facts. The value depends on the life your loved one lived, the people who depended on them, and the insurance available to pay the claim.
Several factors typically affect what a claim may be worth:
Policy limits often restrict what a family can collect from one insurer, which is why we search for every applicable policy. Under 735 ILCS 5/2-1303(c), damages in a wrongful death lawsuit also earn 6% prejudgment interest per year from the filing date, for up to 5 years. That interest does not apply to punitive damages.
Illinois law allows two related claims after a fatal injury. One compensates the family for its own losses, and the other lets the estate recover what your loved one could have claimed.
The Illinois Wrongful Death Act allows a jury to award fair and just compensation to the surviving spouse and next of kin. Recoverable losses may include the following:
The Illinois Survival Act allows personal injury claims to continue after death. Through a survival action, the estate may recover medical expenses, lost wages, and the pain and suffering your loved one endured before passing.
Since August 11, 2023, Illinois law permits punitive damages in wrongful death actions filed on or after that date when punitive damages are otherwise legally available. They are not available in medical or legal malpractice actions or against the State, local governments, or their employees acting in an official capacity.
Illinois allows two related claims after a fatal injury, but they compensate for different losses.
| Issue | Wrongful Death Claim | Survival Action |
| Whose losses are covered? | Surviving spouse and next of kin | The decedent’s estate |
| Common damages | Lost financial support, companionship, society, grief, sorrow, and mental suffering | Medical expenses, lost earnings, and conscious pain and suffering before death |
| Who brings the claim? | The personal representative | The estate representative |
A wrongful death claim focuses on what surviving family members lost because of the death. A survival action preserves claims your loved one could have brought had they survived.
In many cases, both claims may be pursued together.
In Illinois, the personal representative of your loved one's estate files the lawsuit, not each relative separately. That is usually the executor named in a will or an administrator appointed by the court.
Any recovery belongs to the surviving spouse and next of kin. When more than one family member shares a recovery, the trial judge holds a hearing on each person's degree of dependency on your loved one and then sets each share.
Our team helps families open the estate, secure the appointment, and keep the case moving while you focus on each other.
Often, yes. Insurers frequently blame the person who died because doing so reduces what they pay.
Illinois follows a modified comparative fault rule under 735 ILCS 5/2-1116. Under the Illinois pattern jury instructions for wrongful death, damages are reduced by your loved one's share of fault if it was 50% or less. If their fault was more than 50%, the family cannot recover.
Common blame arguments include the following:
The Wrongful Death Act also addresses a family member's own fault. A beneficiary found more than 50% responsible recovers nothing, and that share does not pass to the other relatives.
Knowing the law is only part of the work. The harder part is proving what your loved one meant to your family before evidence disappears.
Herbert Rosner Connelly Law Firm handles the investigation, the paperwork, and the conversations with insurance companies. Call us today for a free case evaluation with a Chicago wrongful death attorney.
Many wrongful death claims begin with everyday activities that turned deadly because someone was careless. Common causes include the following:
When a work-related death involves a contractor, equipment maker, or property owner, a wrongful death claim may exist alongside workers' compensation benefits.
Under the Wrongful Death Act, a claim exists when your loved one could have pursued an injury claim if they had survived. Your family generally must prove the following:
Our law enforcement background helps us move quickly on evidence that can disappear, including the following:
The wrongful death statute of limitations in Illinois is generally 2 years from the date of death under Section 2 of the Wrongful Death Act. A few exceptions change that timeline:
The violent-conduct and criminal-case extensions apply only against that individual, not against other defendants.
Claims against local public entities, such as the City of Chicago, generally must be filed within 1 year under 745 ILCS 10/8-101. Claims against the CTA carry their own 1-year deadline under the Metropolitan Transit Authority Act. Because these windows are short, early legal advice matters.
Grief makes paperwork hard to face, but a few early steps can protect your family's claim:
Your family should not have to battle an insurance company while mourning someone you love. Our attorneys can explain the deadlines that apply, identify who may be responsible, and outline your legal options.
To speak with a Chicago wrongful death lawyer at Herbert Rosner Connelly Law Firm, call us or visit our office at 65 W Jackson Blvd, Box 223, Chicago, IL, to schedule a free case evaluation.
