As a wrongful death attorney in Schaumburg and nearby communities like Arlington Heights, Elk Grove Village, and Palatine, I’ve seen how devastating it is when a family loses someone because of another party’s negligence. Schaumburg is a busy suburban area—home to major employers, heavy traffic corridors like Golf Road and Higgins Road, and frequent construction zones. While it’s a wonderful place to live and work, accidents happen every day. When a tragedy leads to the loss of a loved one, the emotional toll is immeasurable, and the legal process can feel overwhelming. That is where experienced legal representation becomes essential.
Wrongful death lawsuits are not simply about compensation—they are about justice and accountability. Families are often left to face not only grief but also mounting medical bills, funeral expenses, and the loss of income and companionship. Illinois law allows surviving family members to file a wrongful death claim under the Illinois Wrongful Death Act (740 ILCS 180/1), but success in these cases depends heavily on evidence, timing, and understanding complex legal standards. Having seasoned counsel ensures that no detail is overlooked and that every possible avenue for recovery is pursued.
In Illinois, a wrongful death occurs when someone’s negligent, reckless, or intentional act causes another person’s death. 740 ILCS 180/2 permits the personal representative of the deceased’s estate to bring the claim on behalf of surviving family members. The law allows compensation for financial losses and emotional suffering experienced by the spouse, children, or other dependents of the deceased.
Common causes of wrongful death in Schaumburg and surrounding suburbs include:
Each case presents unique legal and factual challenges. Proving liability requires gathering police reports, medical records, witness statements, and expert opinions. Insurers and defense attorneys often attempt to minimize their client’s responsibility. Without experienced representation, critical evidence can be lost, and the value of a claim may be severely diminished.
At SJ Injury Law, we understand the emotional and financial strain families face after losing a loved one. With over 50 years of combined experience, our attorneys know that the outcome of a wrongful death case often depends on a thorough investigation and a strategic presentation of evidence. Insurance companies have legal teams dedicated to minimizing payouts. Families deserve attorneys equally determined to protect their rights.
Our approach involves:
We also understand that families need compassion as well as strength in their corner. We take the time to explain every stage of the process, ensuring transparency and trust throughout the case.
Under Illinois law, compensation in a wrongful death case may include:
Additionally, if the deceased experienced pain and suffering before death, a survival action under 755 ILCS 5/27-6 may also be filed. This allows recovery for damages the deceased could have claimed had they survived, such as medical costs and conscious pain. Combining both claims often provides the most comprehensive compensation for a family’s loss.
Under the Illinois Wrongful Death Act, the claim must be filed by the personal representative of the deceased’s estate. This individual acts on behalf of the surviving spouse, children, or next of kin.
Most wrongful death claims must be filed within two years of the date of death, according to 735 ILCS 5/13-202. However, exceptions may apply in cases involving medical malpractice or criminal conduct. An attorney can determine the exact statute of limitations for each situation.
A wrongful death claim compensates surviving family members for their personal losses, such as companionship and support. A survival action, on the other hand, allows recovery for damages the deceased incurred between injury and death, such as medical bills or pain and suffering.
Yes. The court determines how damages are distributed among the surviving spouse, children, or next of kin, based on their level of dependency and the nature of their relationship to the deceased.
Proving liability requires showing that the defendant owed a duty of care, breached that duty, and directly caused the death. Evidence such as eyewitness accounts, expert testimony, and medical reports is key to establishing fault.
Car and truck accidents, workplace incidents, defective products, and nursing home neglect are among the most common causes. Many occur along busy Schaumburg routes or construction sites where negligence can quickly lead to tragedy.
Yes. A wrongful death lawsuit is separate from a criminal case, but evidence from criminal proceedings can strengthen a civil claim. Even if the defendant is not convicted, a civil court may still find them liable under a lower burden of proof.
If there is no will, the court appoints a personal representative—often a family member—to file the wrongful death claim on behalf of eligible survivors.
Punitive damages are not typically available under Illinois wrongful death law unless the defendant’s conduct was willful or intentional. In certain cases, such as DUI fatalities, punitive damages may be considered.
The value of a case depends on numerous factors, including the deceased’s age, income, life expectancy, and the extent of the family’s losses. An experienced attorney can accurately evaluate the claim by analyzing both its economic and emotional impact.
At SJ Injury Law, wrongful death cases are handled on a contingency fee basis. That means families pay no fees unless the firm successfully secures compensation.
At SJ Injury Law, we have spent decades standing up for families who have lost loved ones due to negligence. Our attorneys combine compassion with tenacity, ensuring each case receives the personal attention it deserves. Whether the case involves a car accident in Schaumburg, a workplace death in Elk Grove Village, or a medical error in Palatine, we are ready to fight for justice.
Contact our Schaumburg wrongful death lawyer at SJ INJURY LAW by calling (847) 434-3555 to receive your free consultation. We proudly serve clients in Schaumburg, Chicago, Arlington Heights, Mount Prospect, and throughout Illinois. Families who have suffered an unimaginable loss deserve skilled representation that can help them find closure and accountability. At SJ Injury Law, we are committed to helping you Claim Your Justice.®
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