How Do I Prove a Wrongful Death in Illinois?

 Posted on October 09, 2025 in Wrongful Death

A wrongful death claim can arise out of many different situations. If you lost a loved one due to someone else’s negligence you may be able to hold the at-fault party accountable in civil court. Proving a wrongful death claim can be complicated, depending on the circumstances of your case. The experienced Decatur, IL wrongful death lawyers at Kanoski Bresney will guide you through the process and ensure you claim all recoverable damages.

What Counts as a Wrongful Death in Illinois?

Under the Illinois Wrongful Death Act, a wrongful death happens when someone dies because of another’s negligent or intentional act. Common causes include car crashes, medical errors, and workplace accidents. Defective products or intentional acts like assault or murder can also lead to a wrongful death claim. The lawsuit must be filed by the personal representative of the estate. Any compensation awarded is then distributed to the surviving spouse, children, or next of kin.

Four Elements Required To Prove a Wrongful Death

To win a wrongful death case, you must prove the four main elements: duty of care, breach of duty, causation, and damages.

Duty of Care

The first step is showing that the defendant owed your loved one a legal duty of care. This means they had a responsibility to act safely or reasonably to avoid causing harm. For example, drivers must follow traffic laws and property owners must keep their premises safe. Doctors must provide proper medical care, and employers must maintain safe working conditions.

Breach of Duty

Next, you have to prove that the defendant did not meet that duty. A breach of duty happens when someone acts carelessly, recklessly, or in violation of the law. Examples include running a red light or performing a medical procedure incorrectly. Failing to follow safety regulations at a job site can also be considered a breach of duty.

Causation

You then have to prove that the defendant’s actions directly caused your loved one’s death. This means showing that the death would not have happened without the defendant’s conduct. This is often the hardest part to prove because many factors can contribute to how an accident or injury leads to death.

Damages

Finally, you have to show that your family suffered real losses. These may include medical bills, funeral expenses, lost wages, emotional distress, and loss of companionship.

What Evidence Do You Need To Prove Wrongful Death in Illinois?

Strong, credible evidence is how you build a wrongful death case. For example, you may need:

• Accident or police reports: These identify the parties involved and can include details about how the incident occurred.

• Medical records and expert testimony: Medical evidence can show how the injuries led to death and confirm that the cause was directly related to negligence.

• Witness statements: Testimony from people who saw what happened can support your version of events.

• Photos or video footage: Visual proof can reveal dangerous conditions, reckless actions, or other details that caused death.

• Financial and employment documents: These demonstrate the financial losses suffered by the family, such as lost income and benefits.

Schedule Your Free Consultation With a Springfield, IL Wrongful Death Attorney Today

With over 100 years of combined experience, we bring an extensive understanding of the laws that apply to wrongful death cases. Attorney Todd Bresney draws on his background at the Federal Trade Commission and the Cook County State’s Attorney’s Office, giving him unique insight into how to build strong, persuasive cases.

At Kanoski Bresney, our Decatur, IL wrongful death lawyers are dedicated to helping families seek justice and fair compensation after a tragic loss. Contact Kanoski Bresney today at 888-826-8682 to schedule your free consultation.