Wrongful Death Attorney Illinois & Wisconsin

⚡ What is a Wrongful Death Claim?

A wrongful death claim allows surviving family members to seek compensation when a loved one is killed due to another party's negligence, recklessness, or intentional act. In Illinois, the wrongful death action must be brought by the personal representative of the deceased's estate, for the benefit of surviving spouse, children, or other next of kin. Wisconsin has similar provisions.

Illinois Wrongful Death Act

Under the Illinois Wrongful Death Act (740 ILCS 180), the personal representative of the deceased's estate may bring a lawsuit on behalf of the surviving spouse and next of kin. The statute of limitations in Illinois for wrongful death claims is generally 2 years from the date of death.

Recoverable damages include pecuniary (financial) losses, loss of society and companionship, grief and sorrow of surviving family members, and punitive damages in cases of willful and wanton conduct.

Wisconsin Wrongful Death Law

Wisconsin's wrongful death statute (Wis. Stat. § 895.04) allows the personal representative of the deceased's estate or certain surviving family members to bring a claim. Wisconsin has a 3-year statute of limitations from the date of death.

Common Causes of Wrongful Death Cases

Car, truck, and motorcycle accidents caused by negligent drivers
Workplace accidents and construction site fatalities
Medical malpractice
Slip and fall accidents causing fatal injuries
Defective products (product liability)
Criminal acts (assault, shooting)
Drowning due to inadequate supervision or unsafe conditions

Who Can File a Wrongful Death Claim in Illinois?

In Illinois, the personal representative of the estate files the claim, but the damages are for the benefit of:

Surviving spouse
Children (including adult children)
Parents (if no spouse or children)
Other next of kin if no immediate family

Compassionate, Expert Representation

WIN Injury Network understands that no amount of money can replace a loved one. Our attorneys handle wrongful death cases with the sensitivity and determination your family deserves. We let you focus on grieving while we fight for justice.

Frequently Asked Questions

How long do I have to file a wrongful death lawsuit in Illinois?⌄

Illinois has a 2-year statute of limitations for wrongful death claims, running from the date of the decedent's death. There are some exceptions — for example, if the death resulted from criminal conduct, the deadline may be extended. Contact WIN immediately to protect your family's rights.

What damages can a family recover in a wrongful death case?⌄

Recoverable damages in Illinois wrongful death cases include: funeral and burial expenses, medical bills from the final injury or illness, lost financial support (wages and benefits the deceased would have earned), loss of society, companionship, and guidance, grief and mental suffering of surviving family members, and potentially punitive damages for willful/wanton conduct.

Can we file a wrongful death claim if our loved one died in a work accident?⌄

Yes. If a worker is killed on the job due to the negligence of a third party (not the employer), the family can file both a workers' compensation death benefits claim AND a wrongful death lawsuit against the negligent party. An experienced attorney can help navigate both claims simultaneously.

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Wrongful Death Attorneys in Illinois & Wisconsin