Editorial disclosure: This website is owned and operated by Phillips Law Offices. The firms listed on this site are selected and described by the site’s editors, not by an independent third-party rating service. Phillips Law Offices is featured prominently as the site’s owner.
Losing a loved one is devastating under any circumstances. When that death is caused by someone else’s negligence, recklessness, or intentional conduct, the grief is compounded by a profound sense of injustice. Surviving family members have the right to pursue compensation and accountability through a wrongful death lawsuit.
Wrongful death cases are among the most important and emotionally challenging areas of personal injury law. Families need compassionate, experienced attorneys who can guide them through the legal process while they grieve. This guide highlights a wrongful death lawyer in Chicago.
What Is Wrongful Death?
Wrongful death occurs when a person dies due to the negligent, reckless, or intentional conduct of another. Common causes include:
- Motor vehicle accidents – Car, truck, motorcycle crashes
- Medical malpractice – Surgical errors, misdiagnosis, medication errors
- Workplace accidents – Construction falls, industrial accidents
- Defective products – Dangerous vehicles, devices, or consumer products
- Premises liability – Falls, fires, inadequate security
- Criminal acts – Assaults, DUI crashes, shootings
- Nursing home abuse – Elder neglect and abuse
Illinois Wrongful Death Law
The Illinois Wrongful Death Act (740 ILCS 180/) allows certain family members to sue for damages when a loved one dies due to another’s negligence.
Who Can File?
A wrongful death lawsuit must be filed by the personal representative of the deceased’s estate on behalf of surviving family members, including:
- Spouse
- Children (including adult children)
- Parents
- Other dependents
Statute of Limitations
Under 740 ILCS 180/2, wrongful death claims must be filed within two years of the death.
What Compensation Is Available?
- Loss of financial support the deceased would have provided
- Loss of benefits (health insurance, retirement)
- Loss of companionship, guidance, and consortium
- Loss of parental guidance for children
- Grief, sorrow, and mental anguish
- Medical expenses before death
- Funeral and burial expenses
How to Compare Firms
There is no objective ranking of the “best” injury lawyer in Chicago, and you should be sceptical of any list that claims otherwise — including lists published by law firms themselves. What does exist is a set of questions that reliably separate a firm that will do the work from one that will not. Ask each firm you speak to:
- Who will actually handle my file? The lawyer in the advertisement is often not the lawyer doing the work. Ask for the name of the person who will run your case and how often you will hear from them.
- How many cases like mine have you taken to trial? Settlement value is influenced by whether the other side believes you will try the case. A firm that never tries cases negotiates from a weaker position.
- What is your fee, and what happens to costs if we lose? Contingency fees are standard, usually around one third. Case costs — filing fees, expert witnesses, medical records — are a separate question, and you should get a clear written answer about who pays them if the case does not succeed.
- What is my deadline? A firm that cannot tell you which limitations period applies to your specific facts is not the right firm. Some Illinois deadlines are one year, not two.
- What is this case realistically worth, and why? Be wary of a number promised at the first meeting, before anyone has reviewed your medical records.
Where Phillips Law Offices Fits
A disclosure, because it matters when you are weighing this advice: this guide is published by Phillips Law Offices, and we are one of the firms you could hire. We have handled Illinois injury cases since 1945 and we work on contingency, so there is no fee unless we recover for you. You should still do exactly what this guide recommends and speak to more than one firm before signing anything. Most reputable firms, ours included, offer a free consultation precisely so you can compare.
If you want to talk it through, call (312) 346-4262 or request a free case review. Prior results do not guarantee a similar outcome; every case depends on its own facts.
Official Resources
Seeking Justice for Your Loved One
No amount of money can replace your loved one, but wrongful death lawsuits provide financial security for surviving families and hold negligent parties accountable. Contact an experienced wrongful death lawyer today.
To build a strong claim, families should preserve medical records, incident reports, witness contact information, financial dependency records, and proof of funeral expenses. These records help establish both liability and the full economic and non-economic impact of the loss.
Related Illinois Resources and Internal Guides
- Illinois Personal Injury Statute of Limitations
- How Illinois Injury Settlements Work
- Preserving Accident Evidence
Wrongful death claims can involve multiple defendants and competing insurance policies. Early legal intervention helps preserve crucial evidence and ensures statutory deadlines are not missed while families focus on immediate needs.
This guide is part of our Hiring a Chicago Injury Lawyer section, where you can find every related guide on this site.