Chicago Wrongful Death Attorneys

Chicago Lawyers Providing Legal Help to Families After the Death of a Loved One

The grief and devastation of losing a loved one due to someone else's negligence can only be described as unbearable.

At Tomasik Kotin Kasserman, LLC, we understand the grief and pain that families experience when a loved one dies, and we do everything we can to provide them with some measure of comfort. While no amount of money can bring back a lost family member, a wrongful death lawsuit can help families address the financial difficulties they are experiencing and provide them with some justice for their loss.

Wrongful Death Laws in Illinois

The Illinois Wrongful Death Act (740 ILCS 180) allows the survivors of someone whose death was caused by "wrongful act, neglect or default" to pursue damages from the people or entities that were fully or partially responsible for the death. In most cases, wrongful death actions have a statute of limitation of two years after the date of the death.

While the Wrongful Death Act allows for the recovery of damages by surviving family members, the Illinois Survival Act (755 ILCS 5/27-6) allows the estate of a deceased person to pursue compensation for damages caused directly to the victim prior to their death. Once damages are recovered by the estate, they are distributed to the deceased person's heirs.

Damages in a Wrongful Death Case

A wrongful death lawsuit allows a deceased person's survivors to pursue compensation for the damages they have experienced due to the negligence of the parties that caused their family member's death. These damages may include:

• Economic damages cover any financial impact to the family. Family members may be compensated for the costs of medical care, hospitalization, or surgery that were provided to their loved one prior to their death. They may also be able to recover funeral and burial expenses, and a lawsuit may address the long-term financial impact that comes with the loss of the income, benefits, or pensions that the deceased person would have earned and used to provide for the family's needs.
• Non-economic damages cover the emotional grief and sorrow that a family experiences, as well as the loss of the companionship that a family member would have provided had their life not been cut short. These damages may address the loss of an ongoing relationship with a spouse or the instruction, support, and guidance that would have been provided to children by a parent. While it can be difficult to put a number on this type of loss, an experienced attorney can help a jury understand the impact that a wrongful death has had on a family, ensuring that full and fair compensation is awarded.

Contact Our Chicago Wrongful Death Lawyers

If you have suffered the loss of a family member, you deserve to have a compassionate legal advocate on your side to ensure you receive full compensation for the harm done to your family. Contact our experienced personal injury attorneys today by calling 312-605-8800 to schedule a consultation and learn how we can help.