Chicago Wrongful Death Lawyer

Why Choose Walner Law for Your Chicago Wrongful Death Case

At Walner Law, we know the loss of a loved one can feel like an unbearable weight, especially when their death could have been prevented. Since 1961, our experienced team of attorneys has been committed to helping Chicago families find justice and closure during life’s most challenging moments.

What sets Walner Law apart is our unwavering dedication to treating every client like family. We deeply care about your story and how this tragedy has impacted your life. That’s why we approach your case with compassion, respect, and personalized attention, ensuring you’re never just another case number.

With a proven track record of securing significant verdicts and settlements, you can trust us to fight for the compensation your family deserves. From negotiating with insurance companies to navigating complex legal processes, we are relentless in holding negligent parties accountable. We’re here to provide you with unwavering support, both legally and emotionally.

Being rooted in Chicago for over six decades, we have a deep understanding of the communities we serve and the unique challenges our neighbors face. Whether you’re from Austin, Roseland, or the heart of downtown, we’re here to stand by your side.

You don’t have to face this journey alone. At Walner Law, your well-being is our priority, and we’re here to help you honor your loved one and strive for a brighter tomorrow. Reach out today for the compassionate support you deserve.

What is a Wrongful Death?

Wrongful death occurs when a person’s life is cut short due to the negligence, recklessness, or intentional actions of another party. It can happen in various ways—from motor vehicle accidents to medical errors and workplace hazards. Tragically, in many cases, these deaths could have been prevented with proper care and caution.

Common Causes of Wrongful Death

At Walner Law, we’ve handled wrongful death cases stemming from a range of accidents and incidents, including:

Motor Vehicle Accidents

Chicago’s busy streets and highways can be hazardous when drivers act carelessly. High-speed collisions, reckless driving, texting while driving, or driving under the influence often lead to severe or fatal injuries.

When a car accident results in the death of a loved one, family members can pursue compensation for medical bills incurred before death, funeral costs, lost income, and more. In these cases, it becomes critical to show that the at-fault driver’s negligence caused the accident and, ultimately, your loved one’s passing.

Defective Products

Products should be safe for their intended use, whether they are car parts, household appliances, or children’s toys. When a product is manufactured or designed poorly or lacks necessary warnings or instructions, it can create danger for the consumer.

If a loved one passes away from injuries linked to a defective product, the responsible parties might include the manufacturer, distributor, or retailer. A thorough investigation into product design, testing, and any known defects is part of building a wrongful death claim.

Pool Accidents 

Swimming pools provide recreation but can turn tragic when negligence enters the equation. Inadequate supervision, missing warning signs, faulty gates or fences, and slippery surfaces around the pool area can cause drowning or severe injuries, leading to death. If a property owner or manager fails to maintain safe conditions, they can be held liable.

Workplace Accidents

Some workplaces, like construction sites, involve inherent hazards. However, employers and site managers must take reasonable measures to keep employees safe. Lax safety protocols, failure to provide protective gear, and inadequate training can lead to accidents with fatal outcomes. In some situations, toxic exposure in industrial settings can cause illnesses that lead to death over time.

Bicycle Accidents

Cyclists share the road with vehicles that can outweigh them by thousands of pounds. When drivers fail to remain alert, fail to yield, or drive while distracted, a collision with a bike can be devastating. Some bicycle accidents happen at intersections. Others occur when a driver unexpectedly opens a car door into the path of a cyclist (dooring).

Animal Bites

Animal attacks, especially dog bites, can be fatal under certain circumstances. Children are often more vulnerable, and severe injuries can lead to infections, complications, and tragedy. Chicago and Illinois have laws to address animal owner responsibility, which can allow surviving family members to pursue recovery from the owner who failed to control their pet.

Nursing Home Abuse 

Placing a loved one in a nursing home involves trust. Family members expect that staff will provide adequate care, nutrition, hygiene, supervision, and a safe environment. When neglect or abuse leads to a resident’s death, families feel shock and betrayal.

Warning signs might include unexplained injuries, sudden weight loss, bedsores, or drastic behavioral changes. Seeking accountability from the facility can help prevent further harm and secure compensation to cover expenses related to the wrongful death.

Medical Malpractice

Medical malpractice is a leading common cause of wrongful death. Misdiagnosis, delayed diagnosis, surgical errors, medication mistakes, and hospital negligence can lead to preventable loss of life. Med mal claims require specific legal strategies and substantial evidence to link the healthcare provider’s actions to a loved one’s passing.

Every wrongful death case is unique, and understanding the cause of your loved one’s passing is the first step in seeking justice.

Do I Have a Wrongful Death Case?

If you’ve lost someone due to another party’s negligence, you may have grounds to file a wrongful death lawsuit. Most personal injury and wrongful death cases are based on the concept of negligence, which means someone failed to act as a reasonable person would have in a similar situation, causing harm. Establishing negligence in a wrongful death claim requires meeting four specific criteria.

The four elements of negligence are:

1. Duty of Care
   The at-fault party must have owed your loved one a duty of care. For instance, a driver has a duty to operate their vehicle safely, and a property owner has a duty to maintain safe premises.
2. Breach of Duty
   You must prove that the responsible party violated their duty of care. For example, running a red light or failing to warn about dangerous conditions constitutes a breach.
3. Causation
   There must be a direct link between the breach of duty and your loved one’s death. You’ll need to show that the negligent act or omission directly resulted in the fatal incident.
4. Damages
   Finally, you’ll need to demonstrate the damages caused by the death, including medical bills, funeral costs, lost income, and emotional suffering.

Our experienced attorneys at Walner Law are skilled in navigating the complexities of wrongful death cases. We’ll thoroughly investigate your situation, collect the necessary evidence, and build a strong case to prove these elements and hold the responsible party accountable.

Who Can File a Wrongful Death Case in Chicago?

Under Illinois law, only the personal representative of the deceased’s estate can file a wrongful death lawsuit. This individual, often named in the deceased’s will or estate plan, files the claim on behalf of surviving family members who have suffered losses due to the death. If no representative is specified, the court may appoint one to act in this role.

The Illinois Wrongful Death Act (740 ILCS 180) governs these claims and allows for legal action when a person’s death is caused by the wrongful act, neglect, or default of another. If the victim would have been eligible to file a personal injury lawsuit had they survived, their personal representative may pursue a wrongful death claim seeking compensation for the losses experienced by the victim’s family.

Who Can Recover Compensation in a Chicago Wrongful Death Case?

While the personal representative files the wrongful death lawsuit, under Illinois law, the compensation is only intended for certain family members. These laws are in place to ensure that the closest family members of the deceased are protected and supported during this challenging time. Generally, individuals who can recover compensation include:

• The Deceased’s Spouse
  A surviving spouse can file a claim for the loss of their partner, encompassing the emotional and financial hardships stemming from their passing.
• Children of the Deceased
  Both minor and adult children may seek compensation for the loss of parental guidance, love, and financial contributions.
• Parents of the Deceased
  If the deceased was a minor, the parents are typically entitled to pursue a wrongful death claim.
• Other Dependents
  In some cases, other family members or dependents who relied on the deceased for support may also be eligible to recover damages.

Any compensation awarded in a wrongful death case is usually distributed to eligible family members according to Illinois law or as outlined in the deceased’s estate plan. This process ensures the family’s interests are protected, and the estate acts as the central point for pursuing justice. 

What Damages Are Available in a Wrongful Death Case in Chicago, IL?

Losing someone you love is a pain no family should have to face, especially when it’s due to someone else’s negligence. While no amount of money can undo the heartbreak, seeking justice through a wrongful death claim can provide a sense of accountability and financial relief during this difficult time.

Under Illinois law, damages in wrongful death cases typically fall into two claims. Here’s what you need to know:

• Wrongful Death Damages
  The Illinois Wrongful Death Act allows families to pursue compensation for emotional and financial losses caused by their loved one’s death. These damages are intended to provide relief for grief, sorrow, and mental anguish, as well as for the loss of companionship, guidance, and emotional support.
• Survival Act Damages
  The Survival Act allows the deceased’s estate to recover damages the individual could have pursued if they had survived. These include compensation for pain and suffering, medical expenses related to the injury, lost wages, and funeral and burial costs.
• Loss of Consortium
  A surviving spouse may also seek damages for the loss of consortium, which reflects the absence of the love, care, intimacy, and companionship they once shared with the deceased.

Each case is unique, and factors like the age, income, and role of the deceased in their family can impact the amount of compensation awarded. 

Keep in mind that while no amount of money can undo the heartbreak, seeking justice through a wrongful death claim can provide a sense of accountability and financial relief during this difficult time. It’s not about collecting money; it’s about honoring your loved one’s memory and holding the responsible party accountable for their actions.

What is the Statute of Limitations for Filing a Chicago Wrongful Death Claim?

Time is a critical factor when pursuing a wrongful death claim in Chicago. The statute of limitations sets a deadline for filing your case, and missing this deadline can mean forfeiting your right to seek justice and compensation.

In Illinois, the statute of limitations for a wrongful death lawsuit is generally two years from the date of the death. This might seem like a long time, but legal cases require thorough preparation, and delaying action can limit the evidence available to support your case.

There are exceptions to the two-year rule. For instance:

• If the negligent act that caused death wasn’t immediately discovered, the timeline might start from the date it was reasonably uncovered.
• Cases involving minors may have different time limits, allowing them to bring a claim once they reach adulthood.

Navigating the legal process on your own can be challenging, especially in the midst of grief. Our skilled attorneys at Walner Law can ensure your case is filed on time and meets all legal requirements, giving you one less thing to worry about.

How Can a Chicago Wrongful Death Attorney Help with My Case?

Losing a loved one is emotionally devastating, and dealing with legal battles on top of grief can feel impossible. That’s where a compassionate and experienced Chicago wrongful death attorney can make all the difference.

At Walner Law, we’re here to shoulder the legal burden so you can focus on healing and remembering your loved one. Here’s how we can help:

• Investigating Your Case
  We’ll conduct a thorough investigation to identify the circumstances that led to your loved one’s passing. This includes gathering evidence, consulting with experts, and identifying the responsible parties.
• Establishing Negligence
  Proving negligence is the backbone of a wrongful death claim. Our attorneys will build a solid case to show how the at-fault party breached their duty of care, ultimately causing the loss.
• Calculating Damages
  From medical bills to emotional pain, we’ll evaluate all potential damages to ensure your family receives the maximum compensation allowed under the law.
• Advocating for You
  Insurance companies and opposing counsel may try to minimize your claim or shift blame. We’ll stand firm and fight aggressively on your behalf, ensuring your voice is heard and your loved one’s memory honored.
• Providing Compassionate Guidance
  We know this process is not just about legalities; it’s deeply personal. Our team values connection and compassion, offering both legal advice and emotional support every step of the way.

A dedicated wrongful death attorney is not just your legal advocate but also a source of guidance and strength during one of the hardest times in your life. At Walner Law, we’re committed to being that resource for you and your family.

Contact Our Trusted Chicago Wrongful Death Attorneys Today

No family should have to go through what you’re experiencing, and you shouldn’t have to face it alone. At Walner Law, we’re here to help you seek justice for your loved one, hold the responsible parties accountable, and secure the compensation your family needs to move forward.

Our experienced and compassionate team of Chicago personal injury lawyers is just a phone call away. If you’re ready to take the first step towards resolution, we’re here to listen to your story and offer a free, no-obligation consultation. You don’t need to worry about legal fees—we work on a contingency basis, meaning you don’t pay unless we win your case.

Contact us today at (312) 410-8496 or through our online form for a free consultation. Together, we’ll fight for the justice, closure, and peace your family deserves.