CHICAGO WRONGFUL DEATH LAWYER
PRACTICE AREAS
A Chicago wrongful death lawyer files a claim on behalf of the deceased person’s surviving spouse and next of kin after a loved one’s death caused by someone else’s negligence, a wrongful act, or wrongful conduct.
Under Illinois law, a wrongful death occurs when a person’s death is caused by a wrongful act, neglect, or default that would have entitled the injured person to sue had they lived. Illinois wrongful death law generally allows two years to file, and the action must be brought by a court-appointed personal representative of the decedent’s estate.
Our experienced wrongful death attorneys in Chicago handle cases on a contingency fee basis. If a victim’s death was caused by another person’s negligence, you don’t pay anything unless we recover compensation on your behalf.
Call 312-321-1111 to discuss your case with a Chicago wrongful death lawyer. Consultations are free, confidential, and carry no obligation, and a Chicago wrongful death attorney can meet at your home or by video during this difficult time.
Legacy of compassion. Reputation of excellence.
Helping Families of Wrongful Death Victims in Chicagoland & Throughout Illinois
Curcio & Casciato is a Chicago wrongful death law firm representing surviving family members across the Chicago area and downstate Illinois. We handle Illinois wrongful death claims in Cook, DuPage, Will, Lake, Kane, McHenry, and LaSalle counties. A Chicago wrongful death attorney can meet your family at our downtown Chicago office or wherever is easiest for you.
- Chicago
- Evanston
- Oak Lawn
- Cicero
- Skokie
- Schaumburg
- Naperville
- Joliet
- Waukegan
- Rolling Meadows
- Maywood
- Berwyn
Why Families Hire the Chicago Wrongful Death Lawyers at Curcio & Casciato
Our Chicago wrongful death lawyers have secured record results for families across Illinois.
Recovery | Case Type | Venue or Setting | What We Proved |
|---|---|---|---|
$9,125,000 | Wrongful death settlement | Resolved before trial | Liability for a preventable death and the full lifetime value of the support the family lost |
$6,000,000 | Negligent security wrongful death settlement | Retail store, employee killed on shift | Inadequate security for a foreseeable assault risk |
$4,800,000 | Fatal truck accident settlement | Truck stop | Operator failed to keep the property safe |
$1,986,485 | Child drowning verdict | Will County summer day camp | No certified lifeguards on duty |
$1,500,000 | Fatal pedestrian accident settlement | Roadway | Clear liability, full available policy limit |
$800,000 | Surgical malpractice wrongful death settlement | Hospital | Misdiagnosis and delayed surgery where care fell below the accepted standard of care |
These wrongful death cases are handled personally by Robert J. Curcio and Jack J. Casciato, skilled trial attorneys who have recovered millions of dollars on behalf of clients.
We hold negligent parties responsible for losing a loved one. It’s worth reading what to look for when you hire a personal injury attorney and asking “what’s my wrongful death case worth?” before signing with any Chicago wrongful death law firm.
See all of our practice areas for the full range of personal injury cases we handle.
Our fee is contingent. We advance all litigation costs, so family members don’t pay anything unless we win a financial recovery. Our clients trust us to help them seek justice and pursue every dollar of compensation their family is owed through aggressive legal representation.
Call an experienced wrongful death attorney in Chicago, IL, at 312-321-1111 for a free consultation.
Who Can File a Wrongful Death Claim in Illinois?
Under the Illinois Wrongful Death Act, surviving family members can’t bring the lawsuit directly. In Illinois, wrongful death claims are brought by the personal representative of the decedent’s estate, and anything awarded is held for the exclusive benefit of the surviving spouse and next of kin.
Someone must be court-appointed first, usually meaning a probate estate is opened in Cook County and letters of office are issued. Eligible family members rarely anticipate this.
Personal Representative & Letters of Office
We petition the Probate Division of the Circuit Court of Cook County to open an estate and appoint a representative; letters of office are issued, and the complaint is then filed in the Law Division.
When a person dies without a will, the Probate Act sets the order of eligible family members, typically starting with the surviving spouse and moving through the decedent’s children and other blood relatives.
Any delays here don’t extend the two-year statute of limitations under the Illinois Wrongful Death Act.
How Wrongful Death Money Is Divided Among Surviving Family Members
Illinois courts weigh each beneficiary’s relationship to the deceased person to apportion recoveries. A victim’s surviving spouse and adult child receive different treatment when the court decides how to award compensation.
A surviving loved one over 50% at fault is barred from legal action and recovering damages, and this share isn’t redistributed. The same rules apply to more complex cases, including wrongful death claims for an unborn fetus in Illinois.
The following are eligible family members under Illinois law. The victim’s
- Surviving spouse
- Biological and adopted children
- Parents, where there are no children
- Siblings and other next of kin, children included
Additionally, minor children may bring the wrongful death action within two years of turning 18.
Wrongful Death Claim vs. Survival Action in Illinois
The Illinois Wrongful Death Act and Illinois Surviving Act or Illinois Survival Act are two categories of legal actions. Treating the legal claims as one costs families money.
In Illinois, wrongful death claims compensate survivors for what they lost when their loved one died. This covers the long-term financial impact as well as human losses. So, financial compensation for loss of financial support, guidance, companionship, grief, sorrow, emotional pain, and mental anguish belongs to the family.
A survival action is a different legal action. This legal claim is brought under the Illinois Survival Act. It continues the claim the decedent personally owned at death, including pain and suffering, and medical expenses endured between injury and death. The financial compensation is paid to the deceased’s estate. One example includes wrongful death cases involving conscious pain and suffering after a traumatic brain injury.
The two categories of legal claims are almost always filed together as separate counts of one lawsuit.
Wrongful death recoveries pass directly to the victim’s family and are generally shielded from the decedent’s creditors. Survival action compensation passes through the victim’s estate, where liens can reach them first.
An experienced attorney negotiates that allocation deliberately.
Wrongful Death Claim | Survival Action | |
|---|---|---|
Who brings it | Personal representative of the estate | |
Whose loss is compensated | Surviving spouse and next of kin | Deceased person |
Damages recovered | Lost support, companionship, grief, sorrow, funeral expenses | Conscious pain and suffering, medical bills, lost income |
Who receives the money | Spouse and next of kin | Estate, then distributed under the Probate Act |
Exposure to creditors | Generally protected | Subject to liens and creditor claims |
Statute of Limitations | 2 years from the date of death, with exceptions | Generally 2 years, tied to the personal injury case |
Read more about wrongful death claims versus survival actions.
Fatal Accident Cases Our Chicago Wrongful Death Attorneys Handle
Fatal Auto Accidents in Chicago
Fatal Motor Vehicle Accidents (Car & Semi-Truck Accidents): Many car accidents result from speeding, distracted driving, or reckless/aggressive drivers. Rear-end and head-on collisions are the most common types of fatal auto accidents our Chicago wrongful death lawyers see.
- In Cook County, motor vehicle crashes cluster along Lake Shore Drive, Western and Ashland Avenues, and where the Kennedy, Dan Ryan, Eisenhower, and I-294 converge.
- In DuPage County, volume is concentrated on I-88, I-355, and the arterials through Naperville and Downers Grove.
- In Will County, car crashes concentrate on I-55, I-80, and Route 53, and freight corridors generate steady truck accident fatalities
- In Lake, Kane, and McHenry Counties, the I-94 and Route 12 corridors produce a disproportionate share of auto accident fatalities.
Whether your family needs a Chicago fatal car accident lawyer or experienced legal representation for truck accidents on Chicago-area interstates, a Chicago fatal accident attorney from our legal team can start today.
Fatal Pedestrian Accidents, Bicycle Accidents & Motorcycle Accidents: There are a disproportionate number of fatal pedestrian, cyclist, and motorcycle accidents compared to how many motor vehicle accidents involve them. Our Chicago wrongful death attorneys counter the insurance companies’ blame-the-victims tactics using evidence and decades of trial experience.
Fatal CTA, Transit, or Train Accidents: If the death involves a CTA accident, Metra accident, Pace accident, or any government agency, the Tort Immunity Act gives the victim’s family one year to file a wrongful death claim.
Medical Malpractice-Related Wrongful Death in Chicago
Medical Malpractice & Hospital Deaths: Not all bad outcomes are consequences of a medical malpractice case. However, common causes of fatal accidents, such as a doctor’s failure to diagnose or treat, surgical injury, or medication error, are all medical mistakes that can support a wrongful death lawsuit. To pursue justice for medical malpractice cases, Illinois law requires an expert report before taking legal action. A Chicago wrongful death lawyer from our firm will arrange this review first after the decedent’s death.
Maternal Death: Mothers don’t die giving birth in a city this big. However, it happens disproportionately to women of color: hypertension ignored and symptoms discounted. Infant deaths often trace to misread fetal monitoring and delayed surgery.
Nursing Home Deaths: These are usually the end of a pattern of nursing home abuse. Victims’ deaths are normally the consequences of medication errors, untreated pressure ulcers, falls, etc. Our Chicago wrongful death lawyer team obtains the full record and state survey history when filing these wrongful death suits.
Construction Accident Deaths & Other Workplace Fatalities: Workers’ compensation bars a claim against your loved one’s employer, but not against a general contractor, subcontractor, or manufacturer. Those third-party workplace accidents support legal action for fatal workplace accidents that isn’t capped like workers’ compensation benefits.
Wrongful Death From Crimes
Negligent Security & Violent Crime Deaths: If a victim’s death results from a shooting injury or assault, both the person who committed the crime and the property owner may be held accountable depending on the circumstances. If the act was foreseeable and the owner failed to take reasonable steps to address it, that negligent party can be liable. These wrongful death cases carry a five-year statute of limitations under the Illinois Wrongful Death Act.
Drunk & Impaired Driving Deaths: A death caused by a driver under the influence is both a crime and a civil action on separate tracks. Wrongful death lawsuits don’t depend on convictions. Additionally, a bar that served a visibly intoxicated driver can also face a dram shop claim in Illinois with a short notice deadline.
Other Types of Chicago Wrongful Death Claims
Drowning, Fire & Premises Deaths: Pools without fencing, disabled smoke detectors, and unlit stairwells kill victims every year, and each failure is a code violation before it’s a wrongful death lawsuit. These wrongful death cases turn on notice, what was known, and what measures of prevention were taken.
Defective Products & Occupational Exposure: Manufacturers are strictly liable in Illinois for defective products sold without adequate warnings. Mesothelioma and asbestos exposure cases run longer, since disease can surface decades later.
Child Wrongful Death Claims: Nothing about the sudden death of a child is ordinary. Illinois law doesn’t measure a child against an adult’s standard of caution. Our Chicago wrongful death lawyer team handles all insurance companies involved and ensures families can seek justice without worrying about the legal process. We represented the family of the 9-year-old who drowned, and the jury awarded $1,986,485. We have handled countless child injury deaths throughout Illinois.
Compensation Available in a Chicago Wrongful Death Lawsuit
Illinois law directs the jury to award fair compensation for the pecuniary injuries survivors suffered. Compensatory damages expressly include non-economic damages or non-economic losses for grief, sorrow, and mental suffering. An Illinois wrongful death verdict isn’t limited to the long-term financial impact. A parent’s guidance, companionship loss or consortium loss, and lost household services after the death of a loved one are recoverable damages in their own right. This is on top of compensatory damages or monetary damages for families’ financial losses after they’ve lost loved ones.
Survival action damages sit alongside those: medical expenses and conscious pain and suffering before dying. And since 2023, punitive damages have been available in Illinois wrongful death cases. This is the biggest change Chicago wrongful death attorneys have seen in a generation.
Punitive Damages in Illinois Wrongful Death Cases
The Illinois Wrongful Death Act was amended effective August 11, 2023, to permit punitive damages in wrongful death actions. This lets juries punish egregious conduct rather than just compensate for a loved one’s death. Exceptions for punitive damages include:
- not available in medical malpractice cases
- not available against the state, a local government, or their employees acting officially
What Determines the Value of a Chicago Wrongful Death Case
Our Chicago wrongful death lawyers are often asked, “what’s a wrongful death case worth?” The better question is “what’s MY wrongful death case worth?” It’s impossible for law firms to calculate an average settlement figure without knowing the specific circumstances.
What a victim’s family can recover damages for varies depending on the facts of the wrongful death case: the decedent’s age, earnings, and future income; how many responsible parties and family members are involved; the strength of the liability evidence; the defendant’s insurance coverage; whether a survival action and punitive damages apply; and the trial venue.
However, our wrongful death lawyers in Chicago have decades of experience and have proven results. We provide extra information in blogs that cover: how much you can sue for in a wrongful death case and the average cost of a funeral in Illinois.
Our wrongful death law firm works to recover damages for the following:
Wrongful Death Act | Survival Action |
|---|---|
Loss of financial support and future income | Medical expenses incurred before the decedent’s death |
Loss of society, emotional support, consortium, and companionship experienced | Conscious pain and suffering before the person’s death |
Grief, sorrow, mental suffering, and mental anguish | Lost earnings between injury and the victim’s death |
Household services, instruction, and parental guidance | Punitive damages (limited) |
Burial and funeral expenses |
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Punitive damages, with exclusions |
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A Chicago wrongful death lawyer at Curcio & Casciato will discuss and explain honestly what your case is worth once we know the facts. Call 312-321-1111.
Illinois Wrongful Death Statute of Limitations
Under Illinois’ wrongful death laws, families have two years from the date of their loved one’s death to file a wrongful death lawsuit. However, a few exceptions can change this deadline.
Most Common Type of Claim | Deadline | Runs From |
|---|---|---|
Standard wrongful death claim | 2 years | Date of death |
Wrongful death claim against the state, city, county, local government agency (includes CTA, Metra, Pace, etc.) | 1 year, with notice requirements that may come due sooner | |
Wrongful death claim against a State of Illinois entity | 2 years, with a notice requirement | |
Death from violent intentional conduct | 5 years | |
Defendant faces criminal charges for an enumerated homicide offense | 1 year | Final disposition of the criminal case, and only against the defendant charged |
Medical malpractice wrongful death claim | 2 years, subject to a 4-year statute of repose | Date of death, with repose running from the negligent act under the discovery rule. |
Legal claim involving a minor beneficiary | 2 years | The beneficiary’s 18th birthday |
Illinois Wrongful Death Deadline Checker
Three questions. An estimated filing date in seconds.
Enter a date of death and a cause to see the estimated deadline.
This is an estimate only. It doesn't create an attorney-client relationship.
If you’re dealing with losing a loved one and don’t know which deadline applies, contact a Chicago wrongful death lawyer for a free consultation.
How to Prove a Wrongful Death Claim in Illinois
A Chicago wrongful death lawyer must establish four elements to prove an Illinois wrongful death case. To prove someone else’s negligence resulted in you losing a loved one, our attorneys will establish:
- The defendant owed your loved one a duty of care
- The defendant failed to uphold this or breached this duty through negligence or wrongful conduct
- That breach caused or contributed to your loved one’s death
- The surviving spouse and next of kin suffered damages as a result of losing a loved one.
Causation is where many wrongful death cases are won and lost. The defense or insurance companies involved will argue the defendant’s actions didn’t cause the person’s death. We cover what needs to be proven in a wrongful death lawsuit in Chicago here: what a family needs to prove in a wrongful death lawsuit.
Compelling evidence that helps prove wrongful death in Chicago has a shelf life:
Missing items are not disqualifying: our firm requests records & gathers evidence on your behalf.
Nearly all of this can disappear quickly, so we immediately send preservation letters to protect evidence in Cook County.
Comparative Fault for Cases Involving Wrongful Death in Chicago
When seeking compensation after a loved one’s wrongful death in Chicago, comparative fault also matters. If a person dies and bore some responsibility, the financial recovery is reduced by the deceased person’s percentage of fault. If the deceased person was over 50% responsible for their own death, Illinois law bars the wrongful death claim entirely.
What to Do After a Loved One’s Wrongful Death in Chicago
You’re planning a funeral, facing a deadline for filing a wrongful death suit, and carrying the emotional toll of losing a loved one. A Chicago wrongful death lawyer from Curcio & Casciato can handle the legal process on your behalf. What you do immediately if you believe your loved one’s death was caused by someone else’s negligence can help protect your legal right to pursue compensation.
Immediate steps after a loved one dies
Evidence disappears fast. These come first.
- Request a certified copy of the death certificate. Order several
- For unexplained or sudden death: Get the Cook County Medical Examiner's report
- Preserve any vehicle, defective product, equipment, or clothing involved
- Photograph the scene
- Don't give a recorded statement to any insurance company
- Don't sign any release, settlement, or medical authorization
- Document witness & first responder information
Legal process for many wrongful death lawsuits in Chicago
What the road looks like from the first call to the final order.
- Free consultation & investigation
- Petition to open the estate & obtain letters of office
- Filing the complaint in the Circuit Court of Cook County Law Division
- Written discovery, records collection, & depositions
- Expert disclosure on liability, cause, & economic loss
- Mediation or settlement negotiation
- Trial, if the defense refuses to offer a fair settlement
- Court approval of the settlement & the dependency apportionment hearing
Once you retain a Chicago wrongful death lawyer from our legal team, we start working immediately. Most of the legal assistance is out of clients’ sight: preservation letters, the Medical Examiner’s file, hiring the best experts, and the estate petition. Most cases resolve at mediation, where we negotiate fair settlements with insurance companies, but some don’t. Those cases we take to trial. Either way, you’ll deal with a Chicago wrongful death lawyer with extensive trial experience directly.
Where A Chicago Wrongful Death Lawsuit Is Filed: Courts, Counties, & Hospitals
The court you file a wrongful death claim in isn’t a formality. The Law Division of the Circuit Court of Cook County hears civil lawsuits for monetary damages over $30,000 in Chicago and over $100,000 in the suburbs. Most wrongful death lawsuits in Chicago and across Cook County are litigated at the Richard J. Daley Center. Chicago wrongful death lawyers who practice locally know which wrongful death cases settle, which judges push toward trial, and how juries tend to value a wrongful death case’s worth.
While the value of a wrongful death claim depends on the financial losses the family suffers from after the death of a loved one, the hospital that treated your loved one shapes the wrongful death case. The expenses related to the time between the personal injury and death determine whether survival actions are viable.
- Adult Level I Trauma Centers: Northwestern Memorial, University of Chicago Medical Center, Stroger Hospital, Advocate Christ, Mount Sinai, and Loyola University Medical Center
- Pediatric Level I Trauma Center: Lurie Children’s.
Our Chicago wrongful death attorneys obtain full records from IDPH-designated trauma centers.
County | Primary Courthouse | Cities & Towns Served | Law Division Threshold |
|---|---|---|---|
Cook (City of Chicago) | Richard J. Daley Center, Chicago | Chicago | Claims over $30,000 |
Cook (Suburban) | Skokie, Rolling Meadows, Maywood, Bridgeview, Markham | Evanston, Schaumburg, Berwyn, Cicero, Oak Lawn | Claims over $100,000 |
DuPage | DuPage County Courthouse, Wheaton | Naperville, Downers Grove, Lombard | Claims over $50,000 |
Will | Will County Courthouse, Joliet | Joliet, Bolingbrook, Plainfield | |
Lake | Lake County Courthouse, Waukegan | Waukegan, Gurnee, Libertyville | |
Kane | Kane County Judicial Center, St. Charles | Aurora, Elgin, St. Charles | |
McHenry | McHenry County Courthouse, Woodstock | Crystal Lake, Woodstock, McHenry |
Chicago & Illinois Wrongful Death Statistics
According to the Illinois Department of Transportation 2024 Crash Facts report, there were 1,085 fatal accidents, under 1% of the total motor vehicle crashes. Pedestrian accidents were 1.6% of total auto accidents but 19.7% of fatal accidents. Speed was a factor in 45.3% of fatal crashes.
The national fatal workplace accident rate was 3.3 per 100,000 full-time workers in 2024. Construction workers accounted for 1,032 of workplace deaths, per the Bureau of Labor Statistics.
Unintentional injuries remain a leading cause of death nationally, and a Chicago fatal accident attorney sees the families behind every one of those numbers.
Chicago Wrongful Death Law Firm FAQ
How long do I have to file a wrongful death lawsuit in Illinois?
You generally have two years from the date of the person’s death to file a wrongful death lawsuit in Illinois. Exceptions to the statute of limitations under the Illinois Wrongful Death Act include:
- Violent intentional conduct extends to five years
- Wrongful death claims against the state, city, county, or local government drop to one year
- Medical malpractice claims add a four-year repose period
- A minor beneficiary has until two years after turning 18
Who can file a wrongful death claim in Illinois?
Only the court-appointed personal representative of the estate can file a wrongful death claim in Illinois, though the recovery belongs to the surviving spouse and next of kin. Family members cannot bring the claim in their own names.
- Parents may recover where there are no surviving children
- Siblings and other next of kin follow in statutory order
Can I recover punitive damages in an Illinois wrongful death case?
Yes, in some cases, you can recover punitive damages in an Illinois wrongful death case. The Illinois Wrongful Death Act was amended, effective August 11, 2023, to allow punitive damages. However, these damages are unavailable in medical malpractice cases or wrongful death claims against government entities.
Do I have to open a probate estate before filing a wrongful death lawsuit?
Usually yes, you must open a probate estate before filing a wrongful death lawsuit in Illinois. Because the personal representative must file a wrongful death lawsuit, families must typically open the estate first. This legal process often takes a few weeks and doesn’t extend the filing deadlines in Illinois.
What is the difference between a wrongful death claim and a survival action?
A wrongful death claim compensates surviving family members for their own losses. A survival action continues the claim the deceased person held for the pain and suffering, and expenses related to the deceased person before they died.
- The two categories are almost always filed together as separate counts
- Wrongful death compensation goes directly to the victim’s surviving spouse and next of kin
- Compensation for survival action can be reached by creditors
- How a settlement is allocated between them affects the family’s net recovery
How much does a Chicago wrongful death lawyer cost?
Nothing up front. Our Chicago wrongful death lawyers work on a contingency fee basis, so our fee comes from the jury award or settlement. If we don’t win, clients don’t owe anything.
How long does a wrongful death lawsuit take in Illinois?
Most wrongful death lawsuits resolve within one to three years in Illinois. Discovery and depositions typically span 12 to 18 months, and mediated settlements are often reached well before a trial date.
How are wrongful death settlements divided among family members?
Wrongful death settlements are divided among family members through a dependency hearing, based on how much each beneficiary relied on the decedent. A beneficiary more than 50% at fault recovers nothing.
What if the person responsible is also facing criminal charges?
Criminal and civil actions are separate. You don’t need a conviction to file a wrongful death lawsuit, and an acquittal doesn’t end a civil case.
- Wrongful death from violent intentional acts carries a five-year filing deadline
- Where the defendant is charged with an enumerated homicide offense, the claim may be filed against the defendant charged within one year after final disposition of the criminal case. This doesn’t apply to any other person or entity.
What if my loved one was partly at fault?
If your loved one shared fault, preserve evidence, request death certificates, decline insurance reviews, and consult a Chicago wrongful death attorney immediately. Call 312-321-1111 for a free consultation with an attorney who will treat your family with the respect and compassionate support you deserve.
What to do if a family member dies from unintentional injuries caused by someone else in Illinois?
If a family member dies because of someone else’s negligence, keep all evidence, don’t talk to insurers, and talk to a wrongful death lawyer quickly. Call 312-321-1111 for a free consultation.