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Wrongful Death Lawyer Aurora, IL
Free ConsultationsAre you facing the unthinkable loss of a loved one because someone else was careless?
Compassionate, plaintiff-focused attorneys standing with grieving Aurora families.
No legal claim can undo the loss of a family member, but Illinois law gives surviving families a way to hold the responsible party accountable and to secure their financial future. A wrongful death lawyer in Aurora, IL at Jacobson Injury Firm handles these cases with compassion and determination, proving the negligence that caused the loss while the family focuses on healing. Attorney Adam Jacobson, licensed in Illinois, is here to help. Contact us for a free, confidential consultation.
Wrongful Death Lawyer Aurora, IL
A wrongful death claim arises when a person dies because of another party’s negligence or wrongful act. It allows surviving family members to recover for their loss. These claims grow out of the same kinds of incidents that cause serious injury, including crashes on I-88 and Route 59, medical errors, unsafe property, and defective products. For the broader context of what we handle, see our Aurora personal injury lawyer page. Most contested cases are heard in the Kane County Circuit Court, part of the Sixteenth Judicial Circuit.
Illinois’s Wrongful Death and Survival Statutes
Two Illinois laws work together after a fatal injury. The Illinois Wrongful Death Act, 740 ILCS 180, allows the deceased person’s spouse and next of kin to recover for their own losses, including grief, sorrow, and the loss of the deceased’s companionship, guidance, and financial support. Separately, the Survival Act allows the estate to recover for what the deceased themselves endured between injury and death, such as conscious pain and suffering and medical expenses. Together they provide a fuller measure of justice than either alone.
Who May Bring a Claim and Recover
Under the Wrongful Death Act, the claim is brought by the personal representative of the deceased’s estate, but any recovery is for the benefit of the surviving spouse and next of kin. Illinois law sets out how those proceeds are distributed among family members according to the degree of their dependency and loss. An attorney guides the family through appointing a representative and handling these requirements so the focus can remain on grieving.
Common Causes of Wrongful Death in Aurora
Fatal injuries can arise from nearly any serious accident:
- Vehicle collisions. Fatal car, truck, and motorcycle crashes, often at highway speeds.
- Medical negligence. Fatal errors in diagnosis, surgery, or treatment, which fall under our Aurora medical malpractice lawyer work.
- Unsafe premises. Fatal falls, fires, and negligent-security incidents on dangerous property.
- Defective products. Fatal injuries from dangerous or defective products.
- Nursing home neglect. Fatal neglect or abuse of vulnerable residents, covered on our Aurora nursing home abuse lawyer page.
Why Choose Jacobson Injury Firm as Your Wrongful Death Lawyer in Aurora, IL?
Strength and Sensitivity
Wrongful death cases ask a lawyer to be both a fierce advocate and a steady, compassionate guide. Adam Jacobson approaches these cases with both. He earned his law degree from Florida International University College of Law and is admitted in Illinois, Florida, New York, and Connecticut. His Bachelor of Science in Biotechnology with a minor in Immunology helps him understand the medical evidence that often determines the cause of death.
Direct Attorney Access and Proven Results
Adam personally handles every case from the first call through resolution. He has recovered millions of dollars for injured clients and grieving families and prepares each Aurora case for the Kane County courts.
No Fee Unless We Win
Wrongful death cases are handled on contingency, with a fee owed only if we recover, so a family in mourning faces no upfront cost. A fatal injury often follows an Aurora catastrophic injury or Aurora traumatic brain injury. For the full range of what we handle, see our Aurora personal injury lawyer overview.
Understanding Damages Under Illinois Law
Compensation in a wrongful death case reflects both the family’s loss and what the deceased endured. Under the Illinois Wrongful Death Act, 740 ILCS 180, recoverable damages include the loss of financial support, the loss of companionship, society, and guidance, and the grief and sorrow of the survivors. Through the Survival Act, the estate may also recover the deceased’s medical expenses and conscious pain and suffering before death, along with funeral and burial costs.
Important Aspects of a Wrongful Death Case
These cases require establishing both the cause of death and the liability of the responsible party, which often depends on accident reconstruction, medical records, or autopsy findings. Preserving this evidence early is important. The family must also have a personal representative of the estate appointed to bring the claim. Handling these steps with care, while giving the family room to grieve, is central to how we approach every wrongful death case.
The Wrongful Death Case Timeline
We investigate the cause of death, identify every liable party and insurance policy, and assist the family with appointing a personal representative. We document both the family’s losses and the estate’s claim, then pursue a resolution. If the responsible party’s insurer refuses to be reasonable, we file suit in the Kane County Circuit Court. The Illinois Wrongful Death Act, 740 ILCS 180, generally requires a claim to be brought within two years of the death, though the deadline can vary with the circumstances.
Important Illinois Legal Resources
The Illinois Wrongful Death Act, 740 ILCS 180, governs claims by surviving family members, and Illinois’s modified comparative negligence rule, 735 ILCS 5/2-1116, applies to fault. The general statute of limitations, 735 ILCS 5/13-202, provides background on injury-claim deadlines.
Wrongful Death Lawyer FAQs
Who can file a wrongful death claim in Illinois?
The claim is filed by the personal representative of the deceased person’s estate, but any recovery is for the benefit of the surviving spouse and next of kin under the Illinois Wrongful Death Act, 740 ILCS 180. An attorney can help the family appoint a representative.
What is the difference between a wrongful death and a survival claim?
A wrongful death claim compensates surviving family members for their own losses, such as grief and loss of support. A survival claim, brought by the estate, compensates for what the deceased personally endured between injury and death. The two are often pursued together.
What damages can a family recover?
Loss of financial support, loss of companionship and guidance, and the grief and sorrow of survivors, plus, through the estate, the deceased’s medical expenses, pain and suffering, and funeral costs.
How long do we have to file a wrongful death claim in Illinois?
Generally, two years from the date of death under the Illinois Wrongful Death Act, 740 ILCS 180, though the deadline can vary depending on the cause. Consulting an attorney early protects the family’s rights.
What does it cost to hire you?
Nothing upfront. We work on a contingency basis, no fee unless we win.
Contact Jacobson Injury Firm to Schedule a Consultation
If you lost a loved one because of someone else’s negligence in Aurora, you do not have to navigate this alone. An Aurora wrongful death lawyer at Jacobson Injury Firm can review what happened, handle the legal steps with care, and pursue justice and financial security for your family under Illinois law. Consultations are free and confidential, and we work on contingency. Contact Jacobson Injury Firm today to speak directly with Adam Jacobson.