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Wrongful Death & Survival Claims

A wrongful death is one of the most devastating events a family can experience. When a loved one is tragically killed due to negligence or misconduct, surviving family members are left not only with grief, but also with financial uncertainty and unanswered questions. Illinois law provides a legal pathway for families to seek accountability and compensation through a wrongful death claim.

For over sixty years, Goldberg & Goldberg, LLC has represented families in wrongful death cases throughout Chicago and Illinois. Our attorneys have extensive experience handling complex wrongful death, survival, and probate matters and understand the sensitivity and legal precision these cases require.

What Is a Wrongful Death Claim in Illinois

A wrongful death claim arises when a person is killed as a result of another party’s negligence or wrongful act. The Illinois Wrongful Death Statute creates a cause of action on behalf of the surviving spouse and or next of kin for the economic and emotional losses suffered as a result of the death.

Wrongful death lawsuits may arise from many different circumstances, including:

Automobile and truck accidents
Construction accidents
Medical malpractice
Nursing home abuse and neglect
Defective or dangerous products
Falls caused by unsafe premises

These cases are brought to hold negligent parties accountable and to provide financial support and recognition of the loss suffered by surviving family members.

Who Can Recover in a Wrongful Death Case

Illinois law carefully defines who may recover damages in a wrongful death claim. Typically, the beneficiaries include the surviving spouse and next of kin.

A surviving spouse may recover compensation for:

Loss of financial support
Loss of services
Loss of love affection and companionship
Emotional grief and suffering

If the deceased left children, each child may pursue damages for:

Loss of financial support
Loss of love companionship and guidance
Emotional grief

In some circumstances, brothers and sisters of the deceased may also be eligible beneficiaries. Importantly, Illinois law now allows families to recover compensation for grief, recognizing the profound emotional impact of losing a loved one.

Wrongful Death and Illinois Probate Law

Wrongful death cases in Illinois are governed from their inception by Illinois Probate law. Before a wrongful death lawsuit may proceed, an estate must be created for the deceased, and a competent administrator must be appointed.

Once appointed, the estate administrator has the legal authority to act on behalf of the family and file a wrongful death claim. This process often involves:

Opening an estate
Appointment of a special administrator
Filing a wrongful death action in court
Managing proceeds for distribution to beneficiaries

This probate based framework makes wrongful death litigation a complex area of personal injury law that requires careful legal guidance from the outset.

Survival Claims in Wrongful Death Cases

In addition to a wrongful death claim, Illinois law allows for a survival claim. A survival claim is distinct from wrongful death and is brought on behalf of the deceased’s estate.

Survival claims are designed to compensate for:

The pain and suffering the deceased experienced
Emotional distress prior to death
Medical expenses incurred before death

These damages belong to the estate and are separate from the losses suffered by surviving family members. In many cases, wrongful death and survival claims are pursued together to fully address the harm caused by negligence.

Why Wrongful Death Cases Are Especially Complex

Wrongful death litigation often involves overlapping areas of law, including personal injury, probate, and sometimes medical malpractice or product liability. These cases may require:

Detailed investigation into the cause of death
Expert testimony
Coordination with probate court proceedings
Careful identification of lawful beneficiaries
Accurate calculation of long term financial losses

Errors early in the process can jeopardize a family’s ability to recover full compensation. Experience matters.

Decades of Experience Advocating for Families

For more than sixty years, Goldberg & Goldberg, LLC has litigated wrongful death, survival, and probate claims on behalf of families throughout Illinois. Our attorneys understand both the legal complexity and the emotional weight of these cases. We are committed to guiding families with care, respect, and determination while aggressively pursuing justice.

Our goal is not only compensation, but accountability and closure for families whose lives have been permanently changed.

Frequently Asked Questions About Wrongful Death

What is the difference between wrongful death and a survival claim

Wrongful death compensates surviving family members for their losses. A survival claim compensates the estate for the pain and suffering the deceased experienced before death.

Who files a wrongful death lawsuit

The estate administrator files the lawsuit on behalf of the surviving family members.

How long do I have to file a wrongful death claim

Strict time limits apply under Illinois law. It is important to speak with an attorney as soon as possible.

Can grief be compensated in Illinois

Yes. Illinois law now allows recovery for grief suffered by surviving family members.

Do all wrongful death cases require probate

Yes. Illinois probate law governs the creation of the estate and the authority to pursue the claim.

How much does it cost to speak with a wrongful death lawyer

Your initial consultation is completely free.

Contact Goldberg & Goldberg, LLC for Wrongful Death Representation

If you have lost a loved one due to negligence, you do not have to navigate the legal process alone. With decades of experience handling wrongful death and survival claims, Goldberg & Goldberg, LLC is prepared to protect your family’s rights and pursue the compensation you deserve.

Please call 877-368-0233 to discuss your wrongful death case. Your initial consultation is absolutely free.

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