Wrongful Death Lawyer Chicago, IL

Losing a family member because of someone else’s carelessness is a grief no one is ready for. On top of that loss, a family may face funeral costs, lost income, and questions about what happened and who is responsible. A wrongful death lawyer in Chicago, IL can explain the family’s rights under Illinois law, investigate the death, and handle the legal work so the family can focus on each other. Jacobson Injury Firm represents families in Chicago and across Illinois. Contact the firm for a free, confidential consultation.

How Wrongful Death Claims Work in Illinois

A wrongful death claim is a civil lawsuit brought when a person dies because of another party’s wrongful act, neglect, or default. In Illinois, these claims are governed by the Wrongful Death Act (740 ILCS 180). A civil claim is separate from any criminal case, and a family can pursue one even if no one is charged with a crime.

Under Section 2 of the Act, the lawsuit must be filed by the deceased person’s personal representative. This is the person who manages the estate, usually an executor named in a will or an administrator appointed by the court. The representative files on the family’s behalf, but the money recovered is for the exclusive benefit of the surviving spouse and next of kin (close family members), not the estate’s creditors.

When the claim is the estate’s only asset and no probate case has been opened, Section 2.1 allows the court to appoint a special administrator just for the lawsuit. This can spare a grieving family from opening a full estate. The court divides any recovery among the spouse and next of kin according to how dependent each person was on the person who died.

The Survival Act

Illinois also has a second, related claim. The Survival Act (755 ILCS 5/27-6) allows a claim for an injury to the person to continue after that person dies. While a wrongful death claim covers the family’s losses, a survival claim covers the losses the person suffered between the injury and death, such as medical care. The two claims are often filed together.

Where Fatal Accidents Happen in Chicago

Many wrongful death cases in Chicago begin on the road. The Chicago Department of Transportation’s annual crash report found that 130 people were killed in Chicago traffic crashes in 2024, according to a summary by Streetsblog Chicago. The same report found that angle (T-bone) crashes and turning crashes were the most common types in collisions that caused death or serious injury, and that the Central Business District had the most severe crashes, followed by the South and West Sides.

The city publishes its police crash records on the Chicago Data Portal. In 2025, Western Avenue, Cicero Avenue, Pulaski Road, Halsted Street, and Ashland Avenue were among the city streets with the most serious crash injuries in that data.

Common Causes of Wrongful Death

Jacobson Injury Firm handles wrongful death claims arising from many kinds of incidents, including:

• Car, truck, and motorcycle crashes, including truck accidentsinvolving commercial vehicles
• Pedestrian and bicycle crashes at intersections and crosswalks
• Hit-and-run crasheswhere the driver fled the scene
• Drunk or impaired driving crashes
• Falls and unsafe conditions on someone else’s property
• Defective products and dangerous equipment
• Construction and workplace accidents caused by a third party

What Compensation Can a Family Recover?

Section 2 of the Wrongful Death Act allows a jury to award what it considers fair and just compensation for the “pecuniary injuries” caused by the death. Pecuniary injuries are the measurable losses a family suffers, such as the financial support the person would have provided. Depending on the facts, a family may recover:

• The financial support and other measurable losses caused by the death
• Damages for the grief, sorrow, and mental suffering of the spouse and next of kin
• The person’s own losses between the injury and death, such as medical bills, through the survival claim
• Punitive damages, when applicable, as explained below

No amount of money makes up for the loss of a loved one. A claim can, however, ease the financial strain on a family and hold the responsible party accountable.

Punitive Damages After the 2023 Amendment

For many years, Illinois did not allow punitive damages in wrongful death cases. Punitive damages are meant to punish especially reckless or willful conduct, rather than to repay a loss. Public Act 103-0514, which took effect on August 11, 2023, changed this. It added punitive damages “when applicable” to both the Wrongful Death Act and the Survival Act.

The change has limits. Punitive damages are not available in medical malpractice (called “healing art malpractice” in the statute) or legal malpractice cases. They are also not available against the State, a unit of local government, or a government employee acting in an official capacity.

In negligence cases, Illinois also does not allow a punitive damages request in the first complaint. Under 735 ILCS 5/2-604.1, the family must ask the court for permission after a hearing and show a reasonable likelihood of proving facts that support punitive damages at trial.

What If the Person Who Died Was Partly at Fault?

Insurers sometimes argue that the person who died shared the blame. Illinois follows a modified comparative fault rule under 735 ILCS 5/2-1116. If a person is found more than 50% responsible, there is no recovery. At 50% or less, the award is reduced by that share.

The Wrongful Death Act applies a similar rule to each family member. If a family member’s own fault contributed to the death, that person’s share may be reduced or barred. A careful investigation can push back against unfair blame.

What Should a Family Do After a Wrongful Death?

A few early actions can protect the family’s claim:

• Request the death certificate and any police report.These records help establish the cause and circumstances of the death.
• Keep records and evidence.Hold on to medical bills, funeral invoices, photos, damaged property, and the names of witnesses.
• Be careful with insurance companies.An insurer may call soon after the death and ask for a recorded statement or offer a quick settlement. Signing a release can end the family’s rights.
• Talk to a lawyer about the estate.The claim must be filed by a personal representative, so the estate question should be addressed early.

How Long Do You Have to File a Wrongful Death Claim in Illinois?

Section 2 of the Wrongful Death Act generally requires the lawsuit to be filed within two years after the date of death. A family member who was under 18 when the claim arose may have until two years after turning 18 to bring the action.

The survival claim follows a different clock. Most personal injury claims must be filed within two years under 735 ILCS 5/13-202. When the injured person dies before that period runs out, 735 ILCS 5/13-209 gives the representative until the original deadline or one year after the death, whichever is later.

Shorter deadlines apply when a government body is involved. Under 745 ILCS 10/8-101, most claims against a local public entity, such as the City of Chicago, must be filed within one year. Because these rules overlap, families should speak with a wrongful death lawyer in Chicago, IL as soon as they feel able.

No Fee Unless We Win

Jacobson Injury Firm handles wrongful death cases on a contingency fee basis. There is no upfront cost, and no attorney fee is owed unless the firm recovers compensation for the family.

The firm represents plaintiffs only. Families work directly with attorney Adam Jacobson, who is licensed in Illinois, Florida, New York, and Connecticut and prepares each case as if it may go to trial.

Frequently Asked Questions

Who can file a wrongful death lawsuit in Illinois?

Only the personal representative of the person’s estate can file the lawsuit. The recovery, however, belongs to the surviving spouse and next of kin. If no estate has been opened and the claim is the only asset, the court can appoint a special administrator.

Can a family recover punitive damages in an Illinois wrongful death case?

Yes, in some cases. Since August 11, 2023, the Wrongful Death Act and Survival Act allow punitive damages when applicable. They are not available in medical or legal malpractice cases or against government bodies and their employees acting in an official capacity.

What is the difference between a wrongful death claim and a survival claim?

A wrongful death claim compensates the family for its own losses, such as lost support and grief. A survival claim continues the injured person’s own claim for losses suffered before death. Both are usually filed together.

Does a criminal case affect a wrongful death claim?

A wrongful death claim is a separate civil case. A family can pursue it whether or not criminal charges are filed, and the outcome of a criminal case does not decide the civil claim.

How much does a wrongful death lawyer cost?

Jacobson Injury Firm works on a contingency fee basis. Families pay nothing upfront, and there is no attorney fee unless money is recovered.

Contact a Wrongful Death Lawyer in Chicago, IL

Jacobson Injury Firm’s Chicago office is listed on its Google Business Profile: Jacobson Law Offices, 1 E Erie St Ste 525, Chicago, IL 60611. A family grieving a sudden loss deserves answers and accountability. A wrongful death lawyer in Chicago, IL can explain the family’s options under the Wrongful Death Act and Survival Act and pursue full compensation while the family heals. Contact Jacobson Injury Firm today to schedule a free, confidential consultation.