How to File a Wrongful Death Claim: A Step-by-Step Guide
Losing a loved one in an accident caused by someone else’s negligence or misconduct is a devastating experience. Families are often left grappling with the emotional pain of their loss while also facing financial challenges from medical bills, funeral costs, and lost income.
In Illinois, families have the option to seek justice through a wrongful death claim. This legal process enables surviving family members to pursue compensation, helping to alleviate financial burdens and hold the responsible party accountable.
At this stage, having a wrongful death attorney can make a meaningful difference. At Alberts Curran & Eiler P.C., we provide reliable legal support as we guide families through every step and protect their rights from start to finish. Our firm serves clients in Chicago, Illinois, and surrounding areas, including Cicero, Lake County, and Will County. If you're thinking of filing a wrongful death claim in Illinois, we’re here to advocate for you.
What is a Wrongful Death Claim?
A wrongful death claim is a civil lawsuit filed when a person’s death results from another party’s negligence, recklessness, or intentional act. In Illinois, this claim allows family members to seek compensation for both economic and non-economic losses. It differs from criminal proceedings, which focus on punishment, while wrongful death claims concentrate on financial recovery for survivors.
Examples of circumstances that may lead to wrongful death claims include:
Car or truck accidents caused by reckless driving
Medical malpractice that results in fatal injuries
Workplace accidents due to unsafe conditions
Defective products that cause deadly harm
Acts of violence leading to loss of life
Who Can File a Wrongful Death Claim in Illinois?
Under Illinois law, wrongful death claims must be brought by the personal representative of the deceased’s estate. This individual may be named in the decedent’s will or appointed by the court. Although the representative files the lawsuit, the compensation awarded is intended to benefit surviving family members, such as:
A surviving spouse
Children, including adopted children
In some cases, the parents of the deceased
It’s critical to establish eligibility early in the process. A wrongful death attorney in Chicago can help clarify who has the legal authority to act as a representative and confirm which family members are entitled to damages.
Step 1: Confirm That the Death Qualifies as Wrongful
The first step in filing a claim is determining whether the death meets the legal definition of wrongful. To qualify, there must be evidence showing that the death was caused by negligence, recklessness, or intentional misconduct. For example, if a driver was texting and caused a fatal crash, their negligence may form the basis of a claim.
An experienced wrongful death attorney can review the facts, examine police reports, and consult medical records to verify whether the death falls under Illinois’ wrongful death statutes.
Step 2: Appoint or Confirm a Personal Representative
Once it’s established that the death qualifies, the next step is to confirm the personal representative of the estate. If the deceased named an executor in a will, that individual typically serves this role. If not, the court may appoint someone, often a close relative.
This representative plays a key role in pursuing the claim, and their decisions carry legal weight. A wrongful death attorney helps representatives understand their responsibilities and avoid errors that could jeopardize the case.
Step 3: Gather Evidence to Support the Claim
Successful wrongful death cases depend on strong evidence. Collecting documentation early is vital. Evidence may include:
Medical records showing the cause of death
Police or accident reports
Witness statements
Employment records for lost wages
Expert testimony on liability or damages
A wrongful death attorney works to gather, preserve, and present this evidence effectively. Without professional guidance, important documents or testimony could be overlooked, weakening the claim.
Step 4: Identify the Liable Parties
In many cases, more than one party may share responsibility for a wrongful death. For example, in a trucking accident, both the driver and the trucking company could be liable. In medical malpractice cases, both a physician and the hospital may share blame.
Identifying all liable parties is essential because it broadens the sources of potential compensation. A wrongful death attorney in Chicago can investigate thoroughly to uncover every responsible party.
Step 5: File the Claim Within Illinois’ Statute of Limitations
Every wrongful death claim must be filed within a certain timeframe known as the statute of limitations. In Illinois, most wrongful death claims must be filed within two years of the date of death. However, exceptions may apply in certain cases, such as when the death was the result of intentional violence.
Missing this deadline can mean losing the right to pursue compensation. With our attorneys handling the process, families can rest assured that all paperwork is filed on time.
Step 6: Calculate Damages
Damages in wrongful death claims cover both economic and non-economic losses. Economic damages may include medical expenses, funeral costs, and lost financial support. Non-economic damages may include grief, sorrow, and loss of companionship.
Our attorneys work with financial experts to calculate these damages accurately. By presenting a clear, evidence-based valuation, we can strengthen the case for fair compensation.
Step 7: Enter Negotiations With the Insurance Company
Many wrongful death claims involve negotiations with insurance companies. Insurers often aim to minimize payouts, which can result in offers that fall far short of what families need.
Our attorneys negotiate directly with insurers, countering low offers and advocating for full compensation. If an agreement is reached, the case may settle without going to trial.
Step 8: Prepare for Litigation if Necessary
If negotiations fail, the case may proceed to trial. This step involves filing formal court documents, presenting evidence, and arguing before a judge or jury. Litigation can be lengthy, but it’s sometimes the only way to achieve justice.
Our attorneys bring years of experience in trial advocacy, making sure your story is heard and your rights are protected.
Why Having Legal Representation Matters
Wrongful death claims involve several layers of law and procedure, which can feel overwhelming for grieving families. From filing paperwork to meeting deadlines, every step carries consequences. Having a wrongful death attorney provides reassurance that the case is being handled with diligence and care.
Beyond legal procedures, an attorney can also provide compassionate guidance, helping families make informed decisions during one of the most difficult times of their lives.
Common Challenges in Wrongful Death Cases
Even with strong evidence, wrongful death cases can encounter significant obstacles. Common challenges include:
Disputes over liability: Defendants may deny responsibility or argue that the decedent was partially at fault.
Disagreements over damages: Insurance companies may undervalue economic losses or contest claims for non-economic damages.
Statute of limitations issues: Filing too late can bar recovery altogether.
Multiple liable parties: Complicated liability structures often demand thorough and detailed investigations.
We address these challenges head-on, using resources, experts, and litigation strategies to strengthen the family’s position.
How Families Benefit From Filing a Claim
Although no amount of money can ever replace a loved one, pursuing a wrongful death claim can offer valuable benefits. Compensation can help alleviate financial burdens like medical expenses, funeral costs, and lost income, while also providing a sense of justice by holding the responsible party accountable.
Perhaps most importantly, the process may provide closure, giving families the ability to move forward knowing they stood up for their loved one’s rights.
Contact Us Today
Filing a wrongful death claim is a step-by-step process that requires legal knowledge, strong evidence, and timely action. From confirming eligibility to presenting a case in court, each stage plays a critical role in achieving justice.
If you’ve lost a loved one due to someone else’s negligence, we encourage you to reach out to our firm. We can stand by your side, explain each step clearly, and fight for your compensation. Alberts Curran & Eiler P.C. serves clients in Chicago, Illinois, as well as Cicero, Lake County, Will County, and the surrounding areas. Call today to discuss your case and explore your options.