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Chicago Wrongful Death Attorney Near You

Last Updated on August 3, 2026 by Patrick A. Salvi II

The Chicago wrongful death lawyers at Salvi, Schostok & Pritchard P.C. represent families who have lost loved ones in accidents caused by others. We believe these families should have access to prompt answers and compassionate service.

Nothing is more traumatic than losing a loved one due to the wrongful conduct of another. Unfortunately, these avoidable tragedies occur often in Chicago, Illinois and across the country.

Our Experience with Illinois Wrongful Death Cases

Since our firm was founded, we have helped the survivors of wrongful death victims in Chicago and throughout Illinois. Our results include:

wrongful death Verdict icon$9 million verdict in Lake County for the family of a 12-year-old boy who died on the operating table during surgery (affirmed by the Illinois Appellate Court).

wrongful death Settlement$8.25 million settlement in Cook County for parents who lost their son only 40 days after his birth in a Chicago hospital due to a pharmacy error.

wrongful death Settlement$7 million settlement in Cook County for a suburban Chicago family that lost a wife and mother who died when the chauffeur of her vehicle lost control in the snow on a ride home from the airport after a business meeting.

When you are ready to take legal action after loss of a loved one, call a Chicago wrongful death attorney at Salvi, Schostok & Pritchard P.C., or connect with us online.

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How Our Chicago Wrongful Death Lawyers Help Your Family

Families who come to us after a sudden death are rarely thinking about statutes and filing deadlines. They want to know what happened, who is responsible, and whether anything can be done. Answering those questions is our work, not yours. From the first conversation, our attorneys take on the investigation, the insurers and the court schedule so that your family is able to grieve.

At Salvi, Schostok & Pritchard P.C., our wrongful death lawyers and staff understand that the primary goals of a family going through a wrongful death case is to obtain answers about their loved one’s death, reach a sense of resolution and recover the funds they need to move on in life.

Our skilled, experienced and highly dedicated legal team can help you through this process in several ways, including:

  • Investigation – We can compile and review evidence establishing the cause of your loved one’s death and who should be held legally accountable. We regularly consult with highly qualified experts to help our understanding of cases.
  • Insurance review – The amount which can be recovered in a claim typically depends on the amount of available insurance coverage. We can review the professional malpractice, homeowner, driver liability, uninsured or underinsured motorist (UM/UIM) coverage and all other insurance policies involved in your case.
  • Negotiation – We can meet with the insurance companies and pursue a settlement that justly compensates the estate and all of those who are eligible to recover in a claim.
  • Litigation – If needed, our legal team will be ready to go to court and assert a compelling case on your behalf, using state-of-the-art technology to present evidence to the jury and judge. (Wrongful death settlement negotiations may actually continue through trial.) We can also pursue or defend against any appeals that may arise after a verdict.
  • Resolution – We can make sure that the compensation in your case is efficiently collected and distributed to the proper parties, including any parties that may hold a lien on the recovery. Our goal is to maximize the compensation for our clients.

The sections below explain how Illinois wrongful death law works — who may file, what may be recovered, how long you have, and how a claim is proven. If you would rather ask us directly, a member of our team is available for a free and confidential consultation.

What Is A Wrongful Death Lawsuit?

A wrongful death occurs when a person is killed due to the fault of another party. Examples are deaths caused by car accidents, medical errors or defective products. Illinois has created laws to allow the estate and victim’s survivors to recover compensation. Those laws include:

  • Illinois Wrongful Death Act – Allows survivors to sue for their own pecuniary, or monetary, losses. The survivors typically are the victim’s spouse, children and parents.
  • Illinois Survival Act – Allows the victim’s estate to recover for economic and non-economic harm the victim suffered between the time of injury and time of death.

A claim in Illinois is separate and distinct from a survival lawsuit. However, in most cases, both claims are pursued at the same time against the same parties.

Are Accidents a Leading Cause of Wrongful Death in Illinois?

The Centers for Disease Control and Prevention (CDC) reports that unintentional injury is the primary cause of death among people ages 1-44. Motor vehicle accidents and other types of accidents, combined, are the third-leading cause of death among all ages in Illinois, according to the state’s Department of Public Health (IDPH). Consider these IDPH figures from a recent year:

Leading Cause of Death in Illinois

Based on the CDC’s most recent annual statistics, the top three causes of injury deaths in the U.S. are:

Top 3 causes of deaths in the U.S.

Calendar in action of turning pages, symbolizing the statute of limitations on a wrongful death lawsuit

What is the Statute of Limitations on a Wrongful Death Lawsuit in Illinois?

The time period you have to file a legal claim in Illinois is called the “statute of limitations.” If you are filing a wrongful death lawsuit, the statute of limitations is two years from the date of your loved one’s death.

Statute of Limitations

However, there are exceptions to this rule. For example:

  • A child has until two years after reaching the age of majority.
  • Survivors of a deceased medical malpractice victim have two years from the date they knew or reasonably should have known of the injury. This is called the “discovery rule.” A claim must still be filed no later than four years after the act or omission occurred.

If you are suing a government agency in Illinois for the wrongful death of a loved one, one year for claims against units of local government and their employees, including the Chicago Transit Authority, the City of Chicago and Cook County. Because this deadline is half the standard two-year period, a family who waits may lose the claim entirely.

What Can You Recover in a Lawsuit in Illinois?

The damages that can be recovered after the death of a loved one depends on whether the claim is brought under the Illinois Survival Act or Wrongful Death Act.

In a survival lawsuit, the estate may recover for harm the victim suffered between the time of injury and time of death, including:

The estate or individual survivors may bring a separate claim to recover funeral expenses.

In a lawsuit, the survivors may recover “just and fair compensation” for their own pecuniary losses, including the loss of:

Fair compensation - Money, goods and services

The amount is based on evidence of what the deceased victim typically contributed in the past and likely would have contributed in the future. The amount must reflect the victim’s personal expenses and other factors, including his or her age, health and habits at the time of death. Grief and sorrow damages may also be recovered.

The amount also hinges on the degree of a survivor’s dependency. In this sense, a survivor’s relationship to the victim plays an important role. A spouse may seek to recover for a loss of consortium, for instance, while a child may seek a recovery for the loss of a parent’s guidance.

Survivors do not divide the recovery among themselves. The Illinois Wrongful Death Act directs the court to distribute the amount recovered among the surviving spouse and next of kin according to each person’s dependency on the decedent, and the court must approve the distribution of any settlement.

Who Can File a Wrongful Death Lawsuit in Chicago?

wrongful death lawsuit graphicA wrongful death lawsuit in Illinois can only be filed by the “personal representative” of the victim. This person may have been named in the decedent’s will or appointed by the court. For a death in Chicago, the appointment is made by the Probate Division of the Circuit Court of Cook County, which issues the letters of office confirming that the representative has authority to bring the claim.

The claim is brought for the “exclusive benefit” of the victim’s surviving spouse and “next of kin.” Under Illinois law, next of kin includes “blood relatives” in existence at the time of the victim’s death who would take property if the victim had died without a will.

Why an Autopsy Matters in Medical Malpractice Cases

Who Can Be Sued for Wrongful Death in Chicago?

Any person or company that is legally at fault for causing the death of another can be sued under the Illinois Wrongful Death Act. Fault typically means negligent, reckless or intentional conduct. Common situations are:

  • Wrongful death in Motor vehicle accidentsMotor vehicle accidents – Distracted drivers, aggressive drivers and drunk drivers can kill others in car, truck and motorcycle accidents. Pedestrians and bicyclists may be fatally harmed as well.
  • Public transportation and CTA collisions – A fatal collision involving a CTA bus or train, a Metra train, a Pace bus or a school bus may support a claim against the transit agency, the operator, or a contractor responsible for maintenance or track work. Pedestrians, cyclists and passengers in other vehicles are frequently the ones killed. Claims against the Chicago Transit Authority carry a shorter deadline than most Illinois wrongful death claims — a civil action against the CTA must be commenced within one year of the date the claim accrued, not the usual two. Learn more about CTA and Metra claims.
  • Medical malpractice – A health care provider whose substandard care leads to a death commits medical malpractice. Fatal medical errors can include a missed or delayed diagnosis, surgical errors, medication mistakes or errors that lead to birth injuries. (An unborn fetus is considered a “person” under Illinois law, and damages may be sought for the death of the fetus.)
  • Nursing home abuse and neglect – A facility’s owner, administrators and staff may be liable if a resident dies under their care due to careless or intentional conduct.
  • Work-related accidents – The survivors of a killed worker may be able to go beyond workers’ compensation benefits if a non-employer caused a loved one to die on the job.
  • Dog bites / animal attacks – A pet owner can be held financially responsible if an animal attacks and kills an adult or a child.
  • Defective products – Manufacturers and others in the distribution chain may be sued for allowing consumers to use a faulty product (or failing to provide a proper warning about risks). These cases often arise with medical devices and prescription drugs.

In some cases, a city, county, state or federal agency may be responsible for the death of a loved one. Depending on the agency and facts of the case, the agency may be immune from a civil lawsuit or damages recovered from the agency may be capped. It will be important to work with a law firm that understands how immunity impacts your case.

Does Comparative Fault Factor into a Lawsuit?

Even though your loved one or you may have been partially at fault for causing an accident or injury that led to the death, you are not necessarily barred from a recovery under Illinois law.

Comparative Fault Factor in cars collision

If the victim’s fault is more than 50 percent of the cause of his or her death, neither a survival nor a wrongful death case can be pursued. However, if the victim’s fault is not more than 50 percent of the cause, damages can be recovered. However, those damages would be reduced in proportion to the victim’s fault.

Additionally, in a lawsuit, the fault of those survivors seeking to recover damages is taken into account. If a survivor’s fault contributes more than 50 percent to the cause of death, a recovery is barred. If not, the survivor may recover damages. However, those damages would be reduced in proportion to the survivor’s degree of fault.

Scene of an accident appearing to be a child struck by a car on his bicycle, a common scenario of wrongful death lawsuits in Chicago

How Do You Prove a Wrongful Death Claim in Chicago?

Establishing an Illinois wrongful death lawsuit is similar to proving a personal injury claim in Illinois. You must meet four elements:

Element Definition Example
Duty Defendant (individual, company or government agency) owed a duty to the deceased victim. Defendant had a duty to drive reasonably safe and avoid harming others.
Breach Defendant failed to live up to legally established duty. Defendant drove drunk and caused a head-on collision.
Causation Defendant’s actions (or inaction) served as the proximate cause of the victim’s death. “But for” the defendant’s wrongful conduct, would the victim have died? If Defendant had not driven while impaired, the victim would not have died from injuries suffered in the head-on collision.
Damages Survival – Victim suffered medical expenses, lost earnings and pain and suffering between victim’s time of injury and time of death.
Wrongful death – Survivors suffered the loss of benefits carrying a monetary value, including money, goods and services, and endured grief and sorrow.		 Victim incurred $10,000 in medical expenses before dying two hours after suffering head injuries.
Loss of a spouse’s services around the home.

Punitive damages, which punish conduct rather than compensate a loss, were historically unavailable in Illinois wrongful death claims. Illinois law changed in 2023, and punitive damages may now be sought in wrongful death and survival actions where the defendant’s conduct warrants them. They remain unavailable in claims for healing art malpractice and legal malpractice, and in claims against the State or a unit of local government.

Folded hands facing each other from across the table, symbolizing attorneys negotiating a wrongful death claim

Litigating Wrongful Death Cases in Cook County

A wrongful death arising from a fatal collision, a hospital error or a workplace incident in Chicago is generally filed in the Circuit Court of Cook County. Civil claims seeking more than $30,000 are heard in the court’s Law Division at the Richard J. Daley Center, 50 W. Washington Street, where personal injury and wrongful death matters are assigned to individual calendars for pretrial motions, discovery and trial. Claims arising in the surrounding suburban districts are heard in the district courthouses under a separate threshold.

Two Divisions, One Case

Most Cook County wrongful death cases move through two divisions of the Circuit Court at the same time. The Probate Division opens the decedent’s estate and issues the letters of office that appoint the personal representative — under Illinois law, the only person who may bring a wrongful death action. The Law Division then hears the wrongful death and survival claims themselves. Because the two divisions run on separate schedules, a delay in opening the estate can hold up the underlying lawsuit. This is one of the reasons families benefit from involving an attorney early, before a filing deadline is close.

How a Recovery Reaches the Family

Cook County procedure also governs how compensation is distributed. Under the Illinois Wrongful Death Act, the amount recovered is distributed by the court rather than divided by agreement among the survivors. The judge apportions the recovery among the surviving spouse and next of kin in proportion to each person’s dependency on the decedent, and a negotiated settlement must be presented to the court for approval before any funds are released. Families are often surprised by this step. Handled properly, it protects every eligible survivor — including minor children, whose share is typically preserved for them.

Trying Cases Where They Are Filed

Our attorneys try cases in Cook County courtrooms and understand how these calendars, judges and juries operate. That experience is reflected in results such as the $8.25 million settlement obtained for the family of an infant who died following a pharmacy error and the $7 million settlement obtained for the family of a wife and mother killed in a collision, both resolved in Cook County. We also represent families throughout Lake, DuPage, Will and Kane counties and across Illinois.

Fatal Public Transportation Cases in Chicago

Chicago’s transit network carries hundreds of millions of riders each year, and a fatal incident involving a CTA bus or rail car, a Metra train or a Pace bus is handled differently from an ordinary collision. The Chicago Transit Authority is a municipal carrier, which changes both the deadline and the rules that apply: a civil action against the CTA must be commenced within one year of the date the claim accrued, and punitive damages are not available against a unit of local government. Evidence in these cases — onboard video, operator records, dispatch data and maintenance logs — is controlled by the agency and can be overwritten on short cycles, so a preservation request should go out immediately.

Contact a Chicago Wrongful Death Lawyer

If you have lost a loved one in an accident caused by someone else, the wrongful death attorneys at Salvi, Schostok & Pritchard P.C. in Chicago, want to help you. We will concentrate on the legal issues so that you can focus on more pressing matters while you work through your loss.

Our initial consultations are always free. At this consultation, we can discuss the victim’s death and evaluate how we can seek justice for you and your family.

Our wrongful death lawyers represent clients in Chicago and across Illinois. To learn more, call us today or submit our online form.

“When I was searching for legal assistance for a life-changing experience, that was both traumatic and heartbreaking, I was looking for someone to not only help me, but for a legal team who will also listen. I wanted them to step in with both skilled expertise, and with heart. Aaron Boeder and the entire team at Salvi, Schostok & Pritchard P.C. was exactly what I was searching for in a firm.” – Pamela W., 5 out of 5 stars

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Portrait of Patrick A. Salvi II, a smiling and approachable attorney in a suit and tie. His warm expression conveys trust and empathy. As a skilled Chicago Birth Injury Attorney, Patrick A. Salvi II offers compassionate and knowledgeable legal guidance to families navigating the complexities of birth injury cases.
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Wrongful Death Lawsuit FAQs

Can I afford to hire an attorney to handle my wrongful death action?

At Salvi, Schostok & Pritchard P.C., we believe that a lack of funds should never prevent a surviving family member from pursuing justice following the death of a loved one. Our Chicago wrongful death accident lawyers provide free initial consultations, and we represent clients on a contingency fee basis. That means you pay nothing for our legal services unless we are able to secure a verdict or settlement for you. To learn more, call us today at (888) 616-4334 or complete our convenient online form.

What is a wrongful death accident lawsuit?

A wrongful death accident occurs when a person or business commits a negligent or intentional act that causes a person to die. A wrongful death accident lawsuit is a lawsuit brought by the victim’s surviving family members to recover money from the wrongdoer. The money that can be recovered includes compensation for economic and non-economic losses, such as loss of financial support, love, care, comfort, supervision, guidance, household assistance and general society.

Who can file a wrongful death accident lawsuit?

A wrongful death lawsuit may be filed by the surviving spouse and the next of kin of the decedent, including children, parents and siblings. An attorney can determine which family members may be entitled to compensation and structure the lawsuit accordingly.

What are common causes of wrongful death accidents in Chicago and Illinois?

A wide variety of events can cause wrongful deaths. The most common are:

  • Traffic accidents – More than 900 people died in traffic accidents in Illinois in 2010. Negligence, distracted driving and drunk driving contributed to most of these fatalities. A family can hold a negligent, distracted or intoxicated driver financially responsible for causing a fatal accident. Cars, motorcycles, trucks, bicycles and pedestrians can be involved in these accidents.
  • Job-related accidents – Common workplace accidents include falls from ladders and scaffolds, falling objects, flying debris, fires, explosions and motor vehicle crashes. An employer may be liable if a death occurs because the employer failed to provide safety equipment or adequate training or violated other safety regulations.
  • Medical malpractice – A health care provider commits medical malpractice if the provider’s negligence or wrongdoing causes a patient to die. Common situations include misdiagnosis, failure to diagnose, anesthesia mistakes, surgical errors and prescription drug errors.
  • Dog bites – Pet owners must exert control over their animals. The family of a dog bite victim may sue the dog’s owner for monetary damages.
What damages can be recovered in a wrongful death accident case?

Money damages are meant to compensate a person for the loss of a loved one. A jury may award compensation with reference to the pecuniary injuries resulting from the death, including damages for grief, sorrow, and mental suffering.

What are common causes of medical malpractice wrongful deaths?

A wide variety of acts can cause the wrongful death of a patient. The most common acts of medical malpractice and hospital negligence are:

  • Misdiagnosis – A doctor who skips medical tests or who misreads data may diagnose a less serious condition and fail to treat the patient’s actual condition.
  • Failure to diagnose – Sometimes, health care providers fail to diagnose conditions altogether. Then, patients receive no treatment at all.
  • Surgical errors – Surgeons and anesthesiologists sometimes botch procedures during operations. This can cause instant death or life-ending complications.
  • Medication errors – Health care providers make medication errors. They prescribe medications that a patient is allergic to, prescribe medications that cannot be combined with other medications the patient takes, or administer the incorrect dose or medication.
  • Anesthesia errors – A lack of oxygen flow, for instance, can lead to serious brain damage that, in many cases, proves to be fatal.
Who can recover in a medical malpractice wrongful death matter?

In a medical malpractice wrongful death matter, the victim’s spouse and next of kin may recover money. The eligible family members are listed in the Illinois Wrongful Death Act and include children, parents and siblings.

What damages are available in medical negligence wrongful death cases?

Surviving family members of wrongful death victims can be compensated for economic and non-economic losses, including loss of financial support, love, care, comfort, supervision, guidance, household assistance and general society. Surviving family members may also be compensated for their own personal grief and suffering. Surviving children may recover damages for the loss of instruction, moral training and education they would have received had their parent lived.

Who may be sued in a medical mistake wrongful death case?

A family may sue the person or entity whose wrongful act, neglect, or default caused the death to occur. For example, a family could sue a doctor, nurse, hospital, anesthesiologist and any other medical professional involved in the patient’s treatment. A lawyer can hire an expert to determine how the death occurred and who should be held responsible for the victim’s death.

What is the statute of limitations in an Illinois medical malpractice wrongful death case?

Most medical negligence cases in Illinois, including hospital negligence cases, must be brought within two years of the victim’s death. But, a family should not wait until this two-year deadline approaches before contacting a lawyer. Lawyers need time to investigate complicated medical malpractice cases.

Can I afford an attorney to pursue a medical negligence wrongful death lawsuit?

At Salvi, Schostok & Pritchard P.C., our mission is to seek justice for the families of wrongful death victims regardless of their financial circumstances. That’s why our Chicago medical malpractice lawyers provide free initial consultations and do not charge for our legal services unless we secure a verdict or settlement on your behalf. To learn how we can assist you, call us today at 312-372-1227 or fill out our online form. We have offices in Chicago and Waukegan, and we represent clients throughout Illinois, including Cook and Lake counties.

Who can be sued in a wrongful death accident case?

In a wrongful death accident case, the surviving family member files a lawsuit against the person or entity whose negligence, wrongdoing or default caused the death. Depending on the cause of the death, the responsible party could include:

  • Another driver
  • Employer
  • Co-worker
  • Doctor, nurse, anesthesiologist, hospital or other health care provider
  • Owner of a dog who killed a person.
When does a wrongful death lawsuit have to be filed?

While some exceptions apply, most wrongful death accident lawsuits must be filed within two years of the victim’s death. If you are considering filing a wrongful death action, however, do not delay. These complicated lawsuits take time to develop. The sooner an attorney can begin working on a case, the better.

Where is a Chicago wrongful death lawsuit filed?

A wrongful death claim arising from a death in Chicago is generally filed in the Law Division of the Circuit Court of Cook County, located at the Richard J. Daley Center, 50 W. Washington Street, which hears civil claims seeking more than $30,000. Before the case is filed, the Probate Division of the same court must appoint a personal representative for the decedent’s estate, because Illinois law permits only that representative to bring the action.

How long do I have to file a wrongful death claim against the CTA?

One year. A civil action against the Chicago Transit Authority must be commenced within one year of the date the cause of action accrued, rather than the two years that apply to most Illinois wrongful death claims. The same one-year limit generally applies to claims against other units of local government in Illinois. Because the deadline is short and evidence held by a transit agency may be overwritten, families should speak with an attorney promptly.