Chicago Wrongful Death Lawyers Offering Guidance And Support After A Loss

When a preventable act takes a life, families in Chicago and across Illinois face grief, bills and hard questions. At Dudley & Lake, we help families pursue the answers they deserve, along with accountability and financial support after fatal accidents.

Our team brings decades of experience, respected leadership in Illinois injury law and a long record of results in complex cases. To discuss your next steps, schedule a consultation with a Chicago wrongful death lawyer from our team by calling us at 847-504-8423.

What Counts As Wrongful Death In Illinois?

Wrongful death occurs when someone loses their life because another person or entity acted carelessly, behaved recklessly or violated a safety rule. A strong wrongful death claim generally must establish the following elements:

• Duty of care: The at-fault party had a legal responsibility to act with reasonable care to avoid harming others. Depending on the situation, this duty may apply to drivers sharing the road, property owners and managers responsible for maintaining safe premises, doctors providing medical treatment, employers responsible for workplace safety, product manufacturers and sellers who must design safe products and nursing homes tasked with protecting residents from harm.
• Breach of duty: The at-fault party failed to meet that responsibility. This can happen through a careless action (such as speeding or ignoring medical protocols) or by failing to act when safety requires it (such as not fixing a known hazard or not providing necessary care).
• Causation: The breach of duty directly contributed to the death.
• Damages: The death caused losses to the surviving family members and to the deceased person’s estate.

Our wrongful death attorneys gather records, interview witnesses, and work with qualified professionals when needed to support your claim. We handle the legal legwork and case-building so your family can focus on healing.

2 Key Illinois Laws That Apply To Wrongful Death Cases

The Illinois Wrongful Death Act allows specific family members to file a lawsuit when someone else’s wrongful or neglectful actions cause a death. Damages are meant to address the family’s losses. This may include grief and mental suffering, loss of companionship, loss of care and guidance, and the loss of the deceased person’s financial support and services.

The Illinois Survival Act is different because it focuses on losses suffered by the deceased person before death. It allows the estate to pursue claims the person could have brought if they had survived. Damages may include medical expenses related to the final injury or illness, lost wages between the injury and death, and pain and suffering the person experienced before passing. Any recovery generally becomes part of the estate and is distributed according to the will or Illinois inheritance law.

Many wrongful death cases involve both the Wrongful Death Act and the Survival Act. Together, they can cover both the family’s losses and the harm the deceased person suffered before death.

Who Can File A Wrongful Death Claim On Behalf Of The Deceased In Illinois

Illinois law requires a personal representative to file the wrongful death case. If the deceased left a will, the named executor often serves in this role. If there is no will, the court can appoint an administrator during the probate process.

While the representative files the lawsuit, the claim benefits the surviving next of kin. In many cases, that includes a spouse and children. If the deceased had no spouse or children, other close relatives may qualify under Illinois law. Our wrongful death lawyers can explain how this applies to your family and help you take the right steps through probate and the civil claim.

What Is The Deadline For Filing A Wrongful Death Claim In Illinois?

In many Illinois wrongful death cases, the statute of limitations gives families two years to file. Some cases follow different deadlines, especially when a government agency plays a role or when other special rules apply.

Time matters because key evidence can be lost, destroyed or overlooked as time passes, and witnesses’ memories can fade or they may become difficult to locate. Acting quickly also gives your attorney more time to investigate the death, preserve records, interview witnesses and make sure the proper paperwork is filed before the deadline. For these reasons, it is often best to seek legal guidance as soon as possible to protect your family’s rights.

Illinois Wrongful Death Case Results

$25.31 Million – Medical Malpractice

Matthew Dudley and Marisa Schostok represented the Estate of a 55-year-old man who died as a result of septic shock caused by an undiagnosed anastomotic leak following a hernia repair surgery. Following a three-week trial in Cook County, the jury found in favor of the Plaintiff and determined the surgeon negligently discharged the patient from the hospital despite his worsening condition. The jury awarded $25,312,039.59 in damages, which will go to the widow and three children of the decedent.

$12.9 Million – Plant Explosion

Kevin Golden & Tom Lake represented the estates of a 29-year-old man and a 24-year-old man who died as a result of an industrial explosion at a manufacturing plant in the northern suburb of Chicago.  The explosion resulted from an improper mixture of chemical compounds resulting in the ignition of hydrogen gas. At the time of the explosion, the 29-year-old was married with no children and the 24-year-old was single.

$750,000 – Improper Care At Living Facility

Jesse Placher recovered $750,000 from a downstate integrated living facility for the death of a male aged 41 years leaving his mother as his only heir. The man had congenital neurologic anomalies and cognitive impairment. The facility that was supposed to provide him with the specialized care and monitoring that he could not receive at home. Despite being a known choking risk and requiring a special diet with his food cut up for him, the facility provided him with food that was improper for his specialized diet and failed to cut it up for him, causing him to choke. The facility further failed to properly respond to the choking incident, resulting in his immediate death.

Begin Your Journey Toward Justice With Dudley & Lake

If you believe negligence caused your loved one’s death in Chicago, Libertyville, Peoria or anywhere in Chicagoland, our wrongful death attorneys will listen with respect and help you find a way forward. Call Dudley & Lake at 847-504-8423 or reach out online to schedule a consultation with our team.