Chicago Wrongful Death Attorneys

Filing a Wrongful Death Claim in Illinois

No one ever wants to see loved ones die. When this occurs as a result of someone else’s negligence or wrongdoing, it is all the more painful. Although no amount of compensation will bring back the family member you have lost, the person responsible should be held liable. You deserve to be compensated for the losses you have suffered.

At Anesi Ozmon, our lawyers have represented the families of wrongful death victims in Chicago and throughout the surrounding areas of Illinois since 1955. We have filed wrongful death lawsuits arising out of a variety of circumstances, including automobile accidents, construction accidents, medical malpractice, nursing home neglect, defective products, and falls due to unsafe premises. We take care of our clients by personally listening to and walking each client through the legal process.

If someone you love died due to the negligent or wrongful conduct of another, contact Anesi Ozmon today at (312) 779-6610 for a complimentary consultation with our legal team.

You Deserve a Team With a History of Excellence

Wrongful Death Laws in Illinois

The Wrongful Death Statute in Illinois creates a cause of action on behalf of the surviving spouse and/or next of kin for the economic and emotional losses suffered when a loved one is tragically killed. For example, under the law, a surviving spouse is entitled to recover for the loss of the financial support, services, love, and affection caused by the death of one’s spouse. If the person killed also left any children, each child has a similar cause of action for the loss of financial support, love, companionship, and guidance he or she received from the parent.

In addition, our retired senior partner, Bruce Kohen, had successfully led the effort to amend the law to also include grief and sorrow as additional damages. We have a long track record of successful wrongful death claims and know how to navigate the law to protect our clients’ rights.

Who Can File a Wrongful Death Claim in Illinois?

The State of Illinois only allows the personal representative (or the “executor”) of the decedent’s estate to actually file a wrongful death action. This means that an individual who is not the personal representative cannot file a claim, even if they are entitled to wrongful death compensation under the law. However, when the personal representative files the claim, he or she does so on behalf of eligible surviving family members, such as the decedent’s spouse, children, parents, or even siblings.

If the decedent passed away without a will or without having named a personal representative, the court will appoint one on behalf of the estate.

Can You File a Wrongful Death Claim If Your Loved One’s Death Was Not Accidental?

Yes. You may file a wrongful death claim if your loved one died due to another person or party’s intentional misconduct or criminal activity. In other words, if your family member was the victim of manslaughter, homicide, or murder, you can file a wrongful death claim or lawsuit against the liable person or party.

A wrongful death action is a civil action, as opposed to a criminal case. The burden of proof in a civil action is lower than the burden of proof that must be established in a homicide or murder case. To achieve a criminal conviction, one must prove that the defendant is guilty “beyond a reasonable doubt,” but in a wrongful death lawsuit, one must simply establish that the defendant is more likely than not to have caused the decedent’s death, based on the available evidence.

This does not mean that proving a wrongful death case will be easy. However, it does mean that you could have a successful wrongful death case regardless of the outcome of any criminal proceedings. In any case, we strongly encourage you to reach out to an experienced Chicago wrongful death lawyer, like those at Anesi Ozmon, who can help you with your case. Our team knows how to properly investigate these claims and develop powerful, evidence-based cases on behalf of our clients.

How Long Do You Have to File a Wrongful Death Lawsuit?

The state of Illinois gives you two years to file a wrongful death lawsuit. If this statute of limitations expires, and you have not yet filed your suit, you will lose your right to sue the liable party for damages.

We encourage you to act quickly. We know that taking legal action may be the furthest thing from your mind after the tragic loss of a loved one, but the sooner we can begin collecting evidence and building your claim, the better your chances of securing the justice you deserve.

Contact Us for Compassionate, Personalized Legal Representation

At Anesi Ozmon, we understand what you are going through, and we are ready to help you meet—and overcome—the challenges that still lie ahead. Our Chicago wrongful death attorneys offer highly personalized support and compassionate representation tailored to you and your unique situation.

We offer free initial consultations for all personal injury and wrongful death claims. We have successfully handled hundreds of cases and are experienced in helping families cope with such an unexpected tragedy. We can help you and your family, too.

There are no fees unless we recover a settlement or verdict in your case. Call us today at (312) 779-6610 or contact us online to schedule a complimentary consultation.

What Damages Can Be Recovered in a Wrongful Death Lawsuit?

In Illinois, you can recover the following types of damages in a wrongful death claim or lawsuit:

  • Medical bills and expenses related to the decedent’s final injury/illness
  • Funeral and/or burial costs
  • Loss of expected income, earnings, and benefits the decedent would have provided
  • The value of household and other services provided by the decedent
  • Loss of consortium, i.e., loss of companionship, society, and sexual relationship
  • Loss of education, instruction, and guidance provided by the decedent to surviving children
  • Pain and suffering, including grief and sorrow, experienced by the surviving loved one

Illinois does not cap (or limit) the amount of damages you can receive in a wrongful death claim. Additionally, you could be entitled to punitive damages if you can prove that your loved one’s death resulted from the egregious negligence, wanton/willful misconduct, or intentional act of another.

Generations of Experience Fighting for the Injured

For more than 60 years, Illinoisans have entrusted their personal injury and workers’ compensation matters to us. We believe in keeping our clients informed of where their cases are and what lies ahead. When you have questions, we will patiently answer all the questions you may have about the legal process.

What Sets Anesi Ozmon Apart?

When You Have Been Injured, You Need a Firm With a History of Excellence
  • We Handle Your Case, So You Can Recover

    We understand the uncertainty you face and aim to provide you peace of mind. Clients may worry about making ends meet while missing work because of injuries or staying out of debt from medical bills. Our aim is to go above and beyond what you expect so that you can focus on recovery.

  • Work Directly With Your Attorney

    Our firm believes that in order be a successful team, we need to work directly with our clients. Not only do you get to work directly with your attorney, but you always have access to their direct number to ensure your questions never go unanswered.

  • Personalized Strategies & Results

    At Anesi Ozmon, we believe that no two situations are alike. Thus, we work to not only learn about your case but also about what unique goals and needs you may have in order to provide you with legal counsel customized to you.

  • Protecting the Injured Since 1955

    Anesi Ozmon has four generations of leaders and decades of experience protecting the rights of those injured. When you come to our office, you don't just get our team, you get our history.

    You always have my back and are very professional.

    “You always have my back and are very professional. Your team seems very smart, is not intimidated by any other lawyers, and is willing to take on a case simple or complex. Thank you for helping me and ...”

    - Mark N.
    I am grateful for their services, very professional at all times.

    “Good communication in replying to my messages immediately, letting me know of any changes. The lawyer and assistant were very kind and respectful, I am grateful for their services, very professional ...”

    - Miriam D.
    Highly Recommend

    “I would just like to say to everyone at the firm, this is about Jeff Alter, I know that you all there have large and much more profitable cases than mine...but Jeff and his wonderful secretary fought for me and my family.”

    - Eddie F.
    Great job well-done THANK YOU

    “The firm and John Popelka handled my case very professionally and very efficiently. Done in a very quick manner. I will definitely recommend the firm and JOHN POPELKA to all my family and friends.”

    - Glenn F.
    Very Satisfied

    “They did a great job with helping me with my workmans’ comp case. I would recommend this law firm to anyone that’s in need of a lawyer.”

    - Jeremy M.

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