Chicago Wrongful Death Lawyer

Helping Families Seek Justice and Compensation After a Tragic Loss in Chicago

Losing a loved one because of someone’s wrongful act is a life-altering tragedy. At Chicago Injury Center, our Chicago wrongful death lawyer team stands with grieving families across the city, providing experienced and compassionate legal support during the most difficult moments.

We’ve represented families throughout Chicago who are facing the emotional and financial toll that follows a wrongful death, and we work tirelessly to hold negligent individuals, companies, and institutions accountable.

Whether the loss was caused by a car accident, medical malpractice, or another preventable event, we build strong cases designed to secure the compensation families need for funeral expenses, lost income, and more. Our focus is on justice, accountability, and helping surviving family members find stability after the unexpected loss of someone they love.

Wrongful Death Settlements & Verdicts Recovered by Our Law Firm in Chicago

$11,000,000 Settlement – Carlos, a 34-year-old roofer from Chicago’s Southwest Side, died after falling through an unmarked skylight opening at a commercial job site. The general contractor failed to install required fall protection. The wrongful death lawsuit revealed multiple OSHA violations, which significantly increased the value of the case.

$9,000,000 Settlement – Samuel, a 63-year-old retired electrician, visited a Chicago ER with chest pain. The physician dismissed his symptoms without proper testing. Hours later, he died of a heart attack at home. His family’s wrongful death claim was supported by strong expert testimony showing negligence in standard diagnostic procedures.

$8,979,000 Settlement – Marcus was killed while riding his motorcycle through the Near West Side when a delivery truck turned left in front of him. Video surveillance and eyewitness accounts proved the truck driver failed to yield. His family’s wrongful death action emphasized the financial support he provided to his children.

$7,200,000 Settlement – James, a 47-year-old railyard worker in Chicago, was struck by a commercial truck while walking between tracks. His employer failed to follow basic safety protocols. The wrongful death claim focused on employer negligence and the mental suffering of the victim’s surviving spouse and teenage children.

$4,000,000 Settlement – While traveling for a corporate event near downtown Chicago, Anthony died in a fatal accident caused by a distracted co-worker driving the company vehicle. The wrongful death case revealed lapses in company training and supervision, supporting a higher valuation for compensation owed to his family.

$3,000,000 Settlement – Linda’s husband entered a skilled nursing facility in Chicago after hip surgery. Within weeks, he developed severe pressure sores that turned septic. The wrongful death lawsuit proved gross negligence and substandard care, securing significant financial compensation for Linda and her adult children.

$2,150,000 Settlement – Dolores lost her mother after staff at a Chicago long-term care facility failed to treat worsening bed sores, which led to sepsis. The wrongful death suit established systemic neglect, including falsified records, which strengthened the family’s claim for both financial and emotional damages.

$1,900,000 Settlement – George, an 82-year-old resident of a senior housing complex on the North Side, fell down a poorly lit stairwell with a broken handrail. The wrongful death action showed the building owner had ignored multiple prior complaints. His daughter recovered damages for funeral expenses and lost companionship.

$1,899,000 Settlement – Angela’s family filed wrongful death claims after her tragic death from an untreated post-surgical infection. Surgeons at a Chicago hospital left sponges in her body following routine abdominal surgery. The claim relied on surgical records and infectious disease expert reports to prove medical malpractice.

Why Choose Chicago Injury Center

At Chicago Injury Center, our top-rated Chicago wrongful death lawyers have earned national recognition for results and client satisfaction. We’ve recovered over $450 million for wrongful death victims and families, including some of the largest wrongful death settlements in Illinois.

Recognized by Super Lawyers, the Million Dollar Advocates Forum, and holding a perfect 10/10 Avvo rating, we’re trusted advocates for families who’ve suffered a tragic loss. Our wrongful death attorneys are known for their courtroom experience, strategic approach, and deep understanding of Illinois wrongful death law, including the Wrongful Death and Survival Act.

Types of Wrongful Death Cases We Handle

Our Chicago wrongful death lawyers represent families in a wide range of fatal accident cases caused by negligence, unsafe conditions, or reckless conduct. Some of the most common wrongful death cases we handle include:

• Motor vehicle accidents, including fatal car accidents, head-on collisions with trucks, motorcycle collisions, and pedestrian or bicycle fatalities
• Medical malpractice and hospital negligence, such as surgical errors, delayed diagnosis, or improper discharge
• Nursing home abuse or neglect, including fatal falls, bed sores, sepsis, and malnutrition
• Workplace accidents and construction site deaths, often involving falls, electrocutions, or being struck by heavy equipment
• Defective products, including unsafe machinery, recalled medications, and faulty safety equipment
• Premises liability cases, including fatal slip and falls, structural collapses, and fire-related deaths
• Violent crimes due to negligent security in apartment buildings, parking garages, or public spaces

Each wrongful death lawsuit we file is built around clear evidence, expert analysis, and a commitment to securing full compensation for surviving family members.

What Damages Can Surviving Family Members Recover in a Chicago Wrongful Death Claim?

In a Chicago wrongful death claim, surviving family members may be entitled to a wide range of damages under the Wrongful Death Act and the Survival Act. These laws allow families to pursue both economic and non-economic losses resulting from the victim’s death.

Under the Illinois Wrongful Death Act, families can recover:

• Funeral and burial expenses
• Loss of financial support, including the decedent’s expected future income
• Loss of companionship and society
• Grief, sorrow, and mental suffering experienced by the surviving spouse, children, or next of kin

The Illinois Survival Act allows the deceased person’s estate to recover the damages their loved one would through a personal injury lawsuit:

• Medical expenses incurred between the time of injury and death
• Pain and suffering endured by the victim before passing

Our Chicago wrongful death attorneys work to thoroughly document every type of loss to help families recover financial compensation that reflects both the emotional and economic impact of a loved one’s death.

How Much Is a Wrongful Death Case Worth in Chicago?

According to Law.com’s VerdictSearch, the average wrongful death payout in Chicago is $6,094,799, with a median settlement of $2,750,000. Case values range from $125,000 to $63,400,000, with Cook County, IL, being the most common venue for Illinois wrongful death lawsuits.

However, the value of a wrongful death case can vary significantly. Several key factors impact compensation, including:

• The age and health of the deceased person
• Their earning capacity and whether they supported a surviving spouse or children
• The nature and severity of the wrongful act that caused the death
• Evidence of the defendant’s negligence or misconduct
• The type and amount of medical expenses and funeral and burial expenses involved
• The emotional and financial losses experienced by surviving family members

Our Chicago wrongful death lawyers analyze every detail to determine what a case may be worth and help families recover fair compensation.

Example Wrongful Death Cases in Cook County

$60 Million Verdict – Infant Formula Caused NEC and Death

A St. Clair County jury awarded $60 million to the family of Chance Dean, a premature infant who died after being fed Mead Johnson’s cow’s milk-based formula. The product caused necrotizing enterocolitis (NEC), a life-threatening intestinal condition. The jury found Mead Johnson negligent for failing to warn of the risks. Damages included loss of society, grief, pain and suffering, and emotional distress. The verdict was limited to compensatory damages under Illinois law at the time.

$45 Million Verdict – Talc Product Linked to Mesothelioma Death

In Cook County, a $45 million verdict was awarded to the Estate of Theresa Garcia, a mother of six who died from mesothelioma after lifelong use of Johnson & Johnson talc products. The jury found Johnson & Johnson and two of its subsidiaries liable under the Wrongful Death and Survival Acts. Damages reflected Garcia’s pain and suffering and the long-term emotional loss to her surviving children. The company has stated it will appeal the verdict.

$42.4 Million Verdict – Hospital Negligence in Medication Delay

The Estate of Scott Wilcox received a $42.4 million verdict after Advocate Condell Medical Center was found negligent in delaying urgent treatment for baclofen withdrawal. Wilcox, a quadriplegic, went into respiratory failure after the hospital failed to provide timely medication and equipment for his scheduled procedure. The jury awarded damages for loss of income, grief, sorrow, and loss of society. Wilcox is survived by his wife and two children. The case emphasized systemic hospital failures.

$23 Million Verdict – Truck Driver Fatigue Leads to Teen Fatalities

Three 17-year-olds–Christina Chakonas, Adam McDonald, and Diana Kakidas–were killed when a semi-truck broadsided their car in Wanatah, Indiana. The truck driver, working for a Dean Foods contractor, had allegedly exceeded federal driving limits. Accident reconstruction experts confirmed the truck was speeding and braking late. A jury found the driver and his employers 60% liable and awarded $8 million each to Adam and Diana’s families, and $7 million to Christina’s estate (reduced to $4.2 million due to comparative fault).

$21.2 Million Settlement – Delayed C-section Causes Death and Infant Brain Injury

Susan Richards died, and her son was left with permanent brain damage, after a delayed C-section at Trinity Hospital in Chicago. Following an epidural, Susan’s blood pressure dropped, and her child experienced fetal distress. Medical staff delayed intervention for over an hour, resulting in tragedy. Before trial, the case settled for $21.2 million: $10,025,000 for Susan’s wrongful death and $11,150,000 for her son’s long-term care and future damages.

$20.2 Million Settlement – Off-Duty Drunk Officer Kills Two in Fiery Crash

Andrew Cazares and Fausto Manzera were killed when their disabled car was struck by an off-duty, intoxicated Chicago police officer, Joseph Frugoli, with a BAC of 0.26. The men were trapped and died in a fire. Their estates sued Frugoli, the City of Chicago, and a bar that served him. Evidence revealed a pattern of protected misconduct by the officer. The city and insurers settled during trial for $20.2 million, split equally between both victims’ estates.

Why You Need an Experienced Wrongful Death Lawyer

Losing a loved one is overwhelming, and pursuing a wrongful death lawsuit only adds to the stress. An experienced Chicago wrongful death lawyer can handle the legal burden while your family focuses on healing. These cases often involve complex issues, such as proving liability, documenting the full value of a life lost, and holding corporate defendants or insurance companies accountable.

Many claims are filed in the Cook County Circuit Court, which has a dedicated wrongful death division that follows strict procedures and deadlines. Families must act quickly, as Illinois imposes time limits on how long you have to file a wrongful death claim.

Our legal team understands the local court system and has the resources to take on powerful defendants and pursue every dollar your family is owed under the Illinois Wrongful Death Act and Survival Act.

How Common Are Wrongful Death Cases in Chicago?

Wrongful death is tragically common in Chicago, with hundreds of families each year losing loved ones due to someone else’s negligence. According to the Illinois Department of Transportation, there were 167 traffic-related injury deaths in Chicago in 2023 alone.

In addition, data from OSHA shows at least 18 workplace fatalities investigated in the Chicago area in the past year–many involving construction accidents, electrocutions, and other preventable incidents.

Where Does Wrongful Death Occur Most Often in Chicago?

Wrongful death accidents in Chicago are most common in high-traffic areas, industrial zones, and healthcare settings. The Dan Ryan Expressway (I-90/I-94) and the Stevenson Expressway (I-55) are among the city’s deadliest roadways, frequently the sites of fatal car accidents, truck collisions, and motorcycle crashes that result in wrongful death lawsuits.

On the South Side, industrial corridors filled with warehouses, freight yards, and construction sites see a high number of workplace fatalities, often due to falls, equipment failures, or employer negligence.

Hospitals across the city–including several major medical centers–have faced medical malpractice claims for delayed treatment, surgical errors, and other mistakes that have led to wrongful deaths.

Chicago also has numerous nursing homes that have been cited for neglect-related deaths, especially those involving untreated bed sores, infections, or falls. These facilities may be liable under the Illinois Wrongful Death Act when a resident dies due to substandard care.

What Laws Govern Wrongful Death Claims in Chicago?

Illinois’ Wrongful Death Act (740 ILCS 180/) allows a surviving spouse and next of kin to recover compensation for pecuniary loss, grief, sorrow, and loss of society following a wrongful death. Claims must be filed by a personal representative of the deceased person’s estate, often through the Cook County Circuit Court.

Illinois’ Survival Act (755 ILCS 5/27-6) allows the deceased’s estate to recover compensation the person could have through a personal injury claim had they survived. This includes pain and suffering, medical expenses, and lost wages before death. It’s often filed alongside a wrongful death action to maximize the total recovery for family members.

If a person dies due to a workplace injury, their surviving spouse and dependents may receive death benefits through the Illinois workers’ compensation system (820 ILCS 305). This applies to construction fatalities, industrial accidents, and other cases where an employee is fatally injured on the job.

Title 9 of the Municipal Code of Chicago governs traffic safety, including speed limits and road conditions. Violations may form the basis for a wrongful death claim after motor vehicle accidents, especially those on high-risk roadways like the Dan Ryan Expressway or Stevenson Expressway.

Unsafe property conditions that lead to fatal slip and fall accidents or structural collapses may trigger liability under Title 14B of Chicago’s Building Code. This is often cited in premises liability wrongful death lawsuits, especially involving landlords or businesses that fail to maintain safe structures.

In the case of Murphy v. Martin Oil Co., 56 Ill. 2d 423 (1974), the Illinois Supreme Court confirmed that both a wrongful death claim and a survival action can be brought together. It ensures families can seek full compensation for both the decedent’s losses and the personal losses suffered by surviving family members.

OSHA regulations set federal safety standards for employers. If a fatal accident occurs due to safety violations–like falls, electrocutions, or equipment failures–legal action can be taken based on those violations. OSHA findings often support liability in Illinois wrongful death claims involving workplaces.

Federal Motor Carrier Safety Regulations – FMCSR (49 C.F.R.) govern the operation of interstate commercial trucks. Violations—such as driving over legal hours or improper maintenance—can be used as evidence in civil lawsuits. These rules are frequently cited in Chicago wrongful death lawsuits involving 18-wheelers and other large carriers.

How Long Do Family Members Have to Take Legal Action for Their Loved One’s Death in Illinois?

In Illinois, most wrongful death lawsuits must be filed within two years of the date of death, as outlined in the Illinois Wrongful Death Act (740 ILCS 180/2).

If the death was caused by medical malpractice, the time limit may extend under the Illinois Code of Civil Procedure (735 ILCS 5/13-212), allowing two years from the date the malpractice was discovered–but no more than four years from when it occurred.

Exceptions may apply for minors or if there was fraudulent concealment.

Who Is Legally Liable for Wrongful Death in Chicago?

Legal responsibility for a wrongful death in Chicago can fall on a wide range of individuals and entities, depending on how the death occurred. Common defendants include negligent drivers in fatal car or motorcycle accidents, and trucking companies involved in crashes on roads like I-90 or I-55. In medical cases, hospitals, doctors, and nurses may be liable for fatal errors or delays in care.

Nursing homes can be sued for deaths caused by neglect or abuse. Other potential defendants include construction companies, property owners in premises liability cases, and businesses that fail to provide adequate security against foreseeable violent crime.

Common Defenses in Illinois Wrongful Death Cases

In many wrongful death claims, defendants try to limit or avoid liability by raising common legal defenses. One of the most frequent is comparative negligence, where they argue that the deceased person was partly at fault for the incident; for example, by speeding, ignoring warnings, or acting carelessly.

Others claim the victim assumed the risk by knowingly engaging in a dangerous activity, such as climbing scaffolding or participating in a hazardous sport. Another defense is lack of causation, where the defendant denies that their actions were the actual cause of death. Businesses, hospitals, and contractors may also argue that they complied with minimum safety regulations and therefore should not be held liable.

Our Chicago wrongful death lawyers overcome these defenses by using expert testimony, detailed accident reconstruction, and solid medical evidence. We work with professionals who can clearly explain how the wrongful act occurred and prove the direct link between negligence and the victim’s death.

How to Strengthen Your Wrongful Death Case in Chicago

If you believe a loved one’s death was caused by someone else’s negligence, taking the proper steps early can make a significant difference. First, request an autopsy and gather all relevant medical records, especially in cases involving medical malpractice or nursing home neglect. Preserve key evidence—such as photos, damaged vehicles, or defective equipment—before it’s lost or altered.

In car accidents or workplace fatalities, obtain police reports, OSHA findings, or any official investigations. Most importantly, contact a skilled Chicago wrongful death lawyer as soon as possible to begin protecting your family’s rights under Illinois law.

How We Can Help Wrongful Death Victims’ Families Seek Justice

At Chicago Injury Center, our Chicago wrongful death lawyers are committed to helping families hold the negligent party accountable and secure the compensation they deserve.

We begin by thoroughly investigating the accident, preserving critical evidence, and gathering official reports. Our law firm works closely with medical experts, accident reconstructionists, and financial professionals to document how the victim’s death has affected the family emotionally and economically.

We file claims under both the Wrongful Death Act and Survival Act, ensuring your family can pursue every category of damages available. Whether negotiating with insurance companies or litigating in Cook County courts, we handle the legal process while you focus on healing.

Our goal is to recover damages for loss of financial support, grief and sorrow, burial expenses, and other real losses caused by the family member’s death.

Chicago Wrongful Death Laws FAQs

How much does a wrongful death lawyer cost in Chicago?

Our Chicago wrongful death lawyers work on a contingency fee basis, which means you pay nothing up front. We only collect a fee if we win your case. This allows families to pursue compensation without worrying about hourly rates or legal costs during an already difficult time.

Who can file a wrongful death lawsuit in Illinois?

Under Illinois law, a wrongful death lawsuit must be filed by the personal representative of the deceased’s estate. This person typically brings the claim on behalf of the surviving spouse, children, or next of kin who suffered losses from the death.

Can both wrongful death and survival claims be filed together?

Yes. Illinois courts allow families to file both wrongful death and survival actions together. This ensures the family can recover damages for their own losses as well as for the pain, suffering, and expenses the deceased person could recover through a personal injury case had they survived.

How are wrongful death settlements divided among family members?

In Illinois, the court oversees how a wrongful death settlement is divided. The distribution is based on the financial and emotional impact the death had on each surviving family member, typically the spouse, children, or parents, depending on the circumstances of the case.

Consult a Chicago Wrongful Death Attorney Near You!

If you’ve lost a loved one because of someone’s wrongful conduct, you don’t have to face the legal process alone. At Chicago Injury Center, our compassionate Chicago wrongful death attorneys are here to help your family pursue accountability and financial stability. We offer free consultations, and you pay nothing unless we win your case.

Time is limited to file under Illinois law, so acting quickly can protect your family’s rights. Let us fight for the compensation you deserve while you focus on healing. Contact us today to speak directly with a trusted wrongful death attorney near you.