When a person’s death occurs unexpectedly due to an accident because of someone’s negligent action, it doesn’t just come as a shock to the family members, it can also provoke feelings of having experienced a grave injustice. Family members are left with unforeseen worries like how they will handle the funeral expenses, medical bills, living costs and other day-to-day financial matters resulting from their loved one’s passing.
If your family recently lost a loved one as the result of another person’s negligent actions or carelessness, no amount of money can bring them back or right the wrong you’ve experienced, but it can at least provide critical financial support and help you feel the party has been held accountable.
Pursuing compensation based on the Illinois Wrongful Death Act can be a complex process. The team at Levin, Riback & Adelman can help. We’ll explain your legal options, prepare your lawsuit, and fight to recover the compensation you deserve. Contact us today to get started with a free initial consultation.
Wrongful death claims arise when negligence, misconduct, or unsafe conditions lead to a preventable loss of life. While every case is different, many wrongful death claims fall into identifiable categories based on how the fatal incident occurred. In Illinois, when a life is cut short by negligence, the law provides two distinct pathways for justice: the Wrongful Death Act and the Survival Act. While a wrongful death claim compensates surviving family members for their grief and loss of financial support, the
Illinois Survival Act (755 ILCS 5/27-6) allows the estate to recover damages for the pain and suffering the deceased experienced prior to their passing. Our firm represents families in complex, high-stakes cases involving medical negligence, unsafe facilities, defective products, and catastrophic accidents.
Medical Malpractice Deaths
Medical malpractice can lead to fatal outcomes when doctors, hospitals, or healthcare providers fail to meet the accepted standard of care. Fatalities resulting from medical errors are governed by strict procedural rules in Illinois. Under
735 ILCS 5/2-622, plaintiffs must file an Affidavit of Merit, which includes a written report from a qualified healthcare professional confirming that the case has reasonable merit. These cases are often complex and require a detailed review of medical records, treatment decisions, and hospital protocols.
Wrongful death claims involving medical malpractice commonly arise from:
- Surgical errors and preventable post-operative complications.
- Misdiagnosis or delayed diagnosis, particularly involving Illinois’ leading causes of death like cancer or heart disease.
- Medication errors or incorrect dosing in hospital settings.
- Birth injuries resulting in tragic neonatal fatalities.
In many cases, these deaths are preventable. When healthcare providers fail to act appropriately or miss critical warning signs, families have the right to pursue a wrongful death claim to hold them accountable.
Nursing Home Neglect Deaths
Families entrust long-term care facilities to protect their most vulnerable members. When this trust is broken, the
Illinois Nursing Home Care Act (210 ILCS 45) provides a powerful legal framework to hold facilities accountable.
Wrongful death claims involving nursing home neglect often stem from:
- Sepsis and untreated bedsores caused by immobilization.
- Malnutrition or dehydration stemming from chronic understaffing
- Fatal falls occurring due to a failure to implement proper safety protocols.
- Abuse or neglect by staff or other residents.
These cases frequently involve systemic failures, including understaffing, poor training, and lack of oversight. Neglect-related deaths are often preventable with proper care and attention.
When a facility fails to protect a resident, families can pursue legal action to expose the negligence and seek accountability.
Product Liability Fatalities
Manufacturers, distributors, and retailers have a legal responsibility to ensure their products are safe when used as intended. When a defective product causes a fatal injury, Illinois law allows families to hold manufacturers, distributors, and retailers strictly liable.
These cases often involve:
- Dangerous or malfunctioning consumer products
- Defective automotive components leading to fatal crashes
- Unsafe medical devices or pharmaceuticals
- Industrial equipment failures
- Products with inadequate warnings or instructions
These cases often require extensive investigation, including product testing, engineering analysis, and review of safety standards. Under the
Illinois Wrongful Death Act (740 ILCS 180), families can seek “fair and just compensation” for the pecuniary injuries resulting from these defects. If a product defect contributed to a fatal injury, a wrongful death claim can help hold corporations accountable.
Fatal Car, Truck, and Motorcycle Accidents
Motor vehicle accidents remain a leading cause of preventable death in Illinois. Whether the incident involved a distracted driver in Chicago or a commercial truck on I-80, these cases often involve negligence such as distracted driving, speeding, impaired driving, or failure to follow traffic laws.
Wrongful death claims arising from vehicle accidents may involve:
- High-speed collisions and multi-vehicle crashes
- Commercial truck accidents involving violations of federal and state safety regulations.
- Motorcycle accidents where drivers fail to yield or recognize riders
- Pedestrian and bicycle fatalities in urban areas.
In these cases, liability may extend beyond the driver to include employers, trucking companies, or other third parties.
Premises Liability and Unsafe Property Deaths
Property owners have a duty to maintain safe conditions for visitors. The
Illinois Premises Liability Act requires property owners to maintain safe conditions for all lawful visitors. When they fail to address known hazards, fatal accidents often occur.
Wrongful death claims involving unsafe property conditions may arise from:
- Slip and fall incidents leading to fatal injuries
- Dangerous building conditions or structural failures
- Inadequate security leading to violent incidents, possibly in areas with known criminal activity.
- Hazardous conditions in parking lots, stairwells, or common areas, leading to fatal falls.
These cases often focus on whether the property owner knew—or should have known—about the danger and failed to take reasonable steps to fix it.
Construction and Industrial Accident Fatalities
Construction is one of the most dangerous industries in Illinois. Fatal accidents on construction sites or industrial properties often involve unsafe working conditions, equipment failures, or third-party negligence. While workers’ compensation provides some benefits, families can often pursue third-party liability claims against general contractors, subcontractors, or equipment manufacturers.
Wrongful death claims may involve:
- Falls from heights due to lack of proper safety protections
- Equipment malfunctions or unsafe machinery
- Falling objects, structural collapses, or trench collapses
- Negligence by contractors, subcontractors, or property owners
Many fatal cases also involve third-party liability, allowing families to pursue a wrongful death claim outside of the workers’ comp system.
Catastrophic Injury Leading to Death
Not all wrongful deaths are instantaneous. When a victim survives for days or months before succumbing to their injuries, the
wrongful death act statute of limitations typically allows two years from the date of death to file a claim.
These wrongful death claims may arise from:
- Traumatic brain injuries (TBI) and related complications.
- Spinal cord injuries leading to systemic failure.
- Severe burn injuries and secondary infections.
- Burn injuries and complications
Even when death occurs days, weeks, or months after the incident, the underlying negligence can still form the basis of a wrongful death claim.
Your choice of an attorney is one of the most significant decisions you face in the aftermath of a loved one’s wrongful death. If you hope to seek compensation, justice, and accountability for your family’s loss, you’ll need the support of an experienced wrongful death law firm with a strong track record.
Levin, Riback & Adelman has secured over $200 million for deserving clients in the last decade alone. We have been representing families in wrongful death claims since 1956. We have experience representing the families of people killed in construction and industrial accidents, motor vehicle collisions, medical malpractice incidents, and other accidents, who often feel they have nowhere to turn for support in their hour of great need. Our firm is committed to putting you and your family first. We want you to know you’re not alone – that means you can count on us to be available and responsive at every stage and always working in your best interest.
Contact Levin, Riback & Adelman today for a free consultation. You can discuss your case with a compassionate Chicago wrongful death lawyer and learn more about how we can support your family.