Decatur Wrongful Death Lawyers

The death of a loved one can take a severe toll on families, not only in terms of grief, but the measurable financial impact as well. When someone dies as a result of another party's careless conduct, the surviving family members can seek compensation through a wrongful death claim. For more information, reach out to a Decatur, Illinois wrongful death attorney today.

If you are looking for an experienced, highly responsive law firm to handle your wrongful death claim, reach out to Kanoski Bresney today. We have recovered half a billion in total compensation for our clients, including notable verdicts and settlements for grieving families.

Call 217-429-3509 Today to Schedule a Free Consultation

What Is a Wrongful Death Claim?

A wrongful death claim is a civil claim filed when a person dies due to another party's careless disregard. Under the Illinois Wrongful Death Act, a claim can move forward if the person who died could have filed a personal injury lawsuit had they survived. A family can pursue this civil case even if no one was arrested or the criminal case ended without a conviction.

Wrongful death cases focus on what the family has lost. Damages can include funeral and burial costs, lost income, and the loss of financial support. Families can also recover for the loss of companionship, guidance, and love. Illinois law recognizes the grief, sorrow, and mental suffering of surviving relatives as well. A separate claim under the Illinois Survival Act can recover losses the person suffered before death, such as medical bills and pain.

Who Can File a Wrongful Death Claim in Illinois?

A wrongful death claim in Illinois must be filed by the personal representative of the deceased person's estate. This is often the executor named in a will or, without a will, an administrator appointed by the court.

The personal representative files the case, but the money recovered goes to the surviving spouse and next of kin. Next of kin can include children, parents, and other relatives, depending on the family. Any recovery is divided among them based on their relationship with and dependence on the person who died.