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Wrongful Death Lawyer Deerfield, IL
Free ConsultationsDid you lose a loved one because of someone else’s negligence?
Compassionate attorneys helping grieving families seek accountability across Deerfield, IL.
No amount of money can replace someone you love, but holding the responsible party accountable can bring a measure of justice and secure your family’s future. A wrongful death lawyer in Deerfield, IL at Jacobson Injury Firm investigates what happened, establishes negligence, handles the insurers, and pursues the full compensation your family deserves, all while treating your loss with the care and respect it deserves. Attorney Adam Jacobson, licensed in Illinois, prepares each claim as though it will be decided by a jury. Contact us for a free, confidential consultation.
Wrongful Death Lawyer Deerfield, IL
A wrongful death claim arises when a person dies because of another party’s negligence or wrongful act, the same conduct that, had the person survived, would have supported a personal injury claim. These cases can follow a fatal Deerfield car accident, Deerfield truck accident, Deerfield medical malpractice, or other preventable tragedy. In Illinois, these claims are governed by a specific statute, and matters that proceed to litigation are heard in the Nineteenth Judicial Circuit Court of Lake County.
The Illinois Wrongful Death Act and Survival Act
Two Illinois laws work together after a fatal injury. The Illinois Wrongful Death Act (740 ILCS 180) allows the deceased person’s surviving spouse and next of kin to recover for their own losses, including grief, sorrow, and mental suffering, the loss of the loved one’s companionship and society, and lost financial support. The claim is brought by the personal representative of the estate on behalf of the survivors.
Separately, the Illinois Survival Act (755 ILCS 5/27-6) allows the estate to recover for the losses the deceased person suffered between the injury and death, such as their conscious pain and suffering and medical expenses. Together, these two claims capture both the family’s losses and the losses of the person who died.
Who Can Bring a Wrongful Death Claim in Illinois
Under Illinois law, a wrongful death action is filed by the personal representative of the deceased person’s estate, but the recovery is for the benefit of the surviving spouse and next of kin. These typically include:
- A surviving spouse. Often the primary beneficiary of a wrongful death recovery.
- Children. Including adult children, who may recover for the loss of a parent’s society and support.
- Parents. Who may recover following the death of a child.
- Other next of kin. Depending on the family circumstances and who was dependent on the deceased.
Why Choose Jacobson Injury Firm as Your Wrongful Death Lawyer in Deerfield, IL?
Preparation Insurers Respect
Wrongful death cases require both sensitivity and rigorous proof. Adam Jacobson approaches each case with a litigation-driven mindset and readies every matter as though it will reach a courtroom. He earned his law degree from Florida International University College of Law and is admitted to practice in Illinois, Florida, New York, and Connecticut. His Bachelor of Science in Biotechnology with a minor in Immunology proves especially useful when medical records and causation become central.
Direct, Personal Representation
A grieving family deserves an attorney’s full attention, not a case passed between staff. Adam personally handles every case from the first phone call to final resolution, guiding families through the process with compassion. He has recovered millions of dollars for injured clients and families.
No Fee Unless We Win
Wrongful death cases are handled on a contingency fee basis, so there is no retainer and no hourly billing, and a fee is owed only if we recover for you. For the full range of matters we handle, see our Deerfield personal injury lawyer overview.
Understanding Damages Under Illinois Law
Compensation in a wrongful death case is meant to address the profound losses a family suffers. Under the Wrongful Death Act, recoverable damages may include the survivors’ grief, sorrow, and mental suffering, the loss of the deceased’s society and companionship, lost financial support and benefits, and lost services the deceased provided. Through the Survival Act, the estate may also recover the deceased’s own pre-death pain and suffering and medical and funeral expenses.
Where the deceased may have shared some fault, Illinois’s modified comparative negligence rule under 735 ILCS 5/2-1116 can reduce the recovery, though a defendant found primarily responsible bears the loss. A clear, evidence-backed account of what happened protects the family’s claim.
Important Aspects of a Wrongful Death Case
A few factors tend to shape how these claims unfold. Opening an estate and appointing a personal representative is a necessary early step, since the representative brings the claim. Preserving evidence of what caused the death is essential, and prompt investigation matters because physical evidence and records fade. And because these cases combine legal complexity with profound grief, having a compassionate attorney handle the process lets the family focus on healing.
The Wrongful Death Case Timeline
Every claim runs on its own schedule, but most follow the same path. We help open the estate and identify the personal representative, investigate what happened, preserve the evidence, and identify every liable party and insurance policy. We then submit a demand and negotiate toward a fair settlement. If the insurer refuses a reasonable amount, we file suit and move into discovery. Finally, the case resolves through settlement or, when necessary, a jury trial.
Important Illinois Legal Resources
Illinois law sets the framework for these claims. The Wrongful Death Act (740 ILCS 180) governs the survivors’ claim, the Survival Act (755 ILCS 5/27-6) governs the estate’s claim, modified comparative negligence under 735 ILCS 5/2-1116 controls how shared blame affects recovery, and the statute of limitations sets filing deadlines that depend on the underlying cause of death.
Wrongful Death Lawyer FAQs
Who can file a wrongful death claim in Illinois?
Under the Illinois Wrongful Death Act, the claim is filed by the personal representative of the deceased person’s estate, but the recovery benefits the surviving spouse and next of kin, such as children and parents. An attorney can help open the estate and appoint a representative so the claim can proceed.
What’s the difference between a wrongful death and a survival claim?
A wrongful death claim compensates the surviving family for their losses, like grief and lost support, while a survival claim compensates the estate for what the deceased suffered before death, like conscious pain and medical expenses. The two are often pursued together.
How long do we have to file a wrongful death claim in Illinois?
The deadline depends on the underlying cause of death, and it is generally measured from the date of death, but it can be shorter for claims against certain defendants or arising from specific causes. Because the statute of limitations is fact-specific, it is important to have the dates reviewed promptly.
What can our family recover?
Under Illinois law, survivors may recover for grief, sorrow, and mental suffering, the loss of the deceased’s companionship and society, and lost financial support, while the estate may recover the deceased’s pre-death pain and suffering and related expenses. Every case is different, and an attorney can explain what applies to your family’s situation.
What does it cost to hire a wrongful death lawyer?
Nothing upfront. Jacobson Injury Firm handles wrongful death cases on a contingency basis, so there are no attorney fees unless we recover compensation for your family, and the initial consultation is free and confidential.
Our Deerfield Office
Jacobson Injury Firm serves injured clients throughout Deerfield and Lake County from our office at 570 Lake Cook Road, Suite 300, Deerfield, IL 60015. Our team is available 24 hours a day, and you can reach us at (773) 888-7192 to arrange a free consultation.
Contact Jacobson Injury Firm to Schedule a Consultation
If you lost a loved one because of another’s negligence in Deerfield, you do not have to face the insurance company alone during such a difficult time. A Deerfield wrongful death lawyer at our firm will listen, review what happened, and pursue accountability with compassion and skill. Consultations are free and confidential, and we work on a contingency basis, so there are no attorney fees unless we recover for you. Contact Jacobson Injury Firm today to speak directly with Adam Jacobson.