Understanding Wrongful Death Claims in Illinois: Justice for Families After Tragedy

By Octavio Duran • 11/11/2025

Losing a loved one due to negligence is devastating. Learn how wrongful death claims work in Illinois, what damages may be available, and how Duran Law Offices helps families seek justice.

Introduction

There is nothing more painful than losing someone you love—especially when their death could have been prevented. When a fatal accident is caused by another person’s negligence or wrongdoing, the grief is compounded by anger, confusion, and financial strain.

At Duran Law Offices, we know no lawsuit can ever replace your loved one. But a wrongful death claim can provide justice, financial stability, and accountability for those responsible. Our mission is to stand with families during these dark moments and fight tirelessly for the compensation they deserve.

What Is a Wrongful Death Claim?

Under Illinois law, a wrongful death claim arises when a person’s death is caused by the negligence, recklessness, or intentional act of another. It’s a civil action brought by the surviving family members or the personal representative of the deceased’s estate.

Examples include:

Fatal car or truck accidents caused by reckless drivers
Construction site accidents due to unsafe conditions
Medical malpractice leading to preventable deaths
Defective products causing fatal injuries
Nursing home abuse or neglect resulting in death

Who Can File a Wrongful Death Claim in Illinois?

Illinois law gives the personal representative of the estate the authority to file. This representative often acts on behalf of the surviving family, which typically includes:

Spouses
Children (including adopted or dependent children)
Parents (if the victim was a minor or unmarried adult)

The goal of the claim is to support surviving family members who relied on the deceased emotionally, financially, or both.

What Compensation Is Available?

While money can never make up for the loss, compensation can help families rebuild. Damages in Illinois wrongful death cases may include:

Medical expenses related to the final injury or illness
Funeral and burial costs
Loss of financial support (the income your loved one would have provided)
Loss of companionship and guidance
Grief and emotional suffering of surviving family members

At Duran Law Offices, we work with experts to calculate the full financial and emotional impact of the loss—ensuring no damages are overlooked.

Wrongful Death vs. Survival Actions

It’s important to note that Illinois allows both wrongful death claims and survival actions:

Wrongful death claim: Compensates surviving family for their losses.
Survival action: Allows the estate to recover damages the victim would have been entitled to if they had survived (like pain and suffering before death).

Our firm often pursues both claims together to maximize recovery.

How Long Do You Have to File?

Illinois law requires most wrongful death claims to be filed within two years of the date of death. However, exceptions may apply in certain circumstances (such as medical malpractice cases). Acting quickly ensures evidence is preserved and your rights are protected.

Why Choose Duran Law Offices for a Wrongful Death Case?

We understand wrongful death cases require more than legal skill—they require compassion, patience, and dedication. Families choose us because we provide:

Personalized attention during an incredibly difficult time
Aggressive pursuit of justice against negligent individuals, corporations, or institutions
Proven experience handling complex personal injury and wrongful death cases across Illinois
No upfront costs—we only get paid if we win your case

Conclusion

A wrongful death claim cannot erase the pain of losing a loved one, but it can provide justice, accountability, and financial security for your family. At Duran Law Offices, we are honored to guide grieving families through the legal process with compassion and strength.

If you’ve lost a loved one due to negligence in Chicago or anywhere in Illinois, call Duran Law Offices today for a free consultation. Let us fight for your family’s future while you focus on healing.

< Older Post