Wrongful Death
Attorneys Serving the Chicagoland Area
When a Life Is Lost Because of Negligence, We Help Families Seek Justice
Losing a loved one unexpectedly is one of life’s most painful experiences—especially when that loss could have been prevented. If your family member died due to someone else’s negligence, carelessness, or wrongdoing, you may have the right to file a wrongful death claim under Illinois law.
At Stiberth, Scarlati & Boudreau, LLC, we help families in Elgin and throughout the Chicagoland area navigate these incredibly difficult cases with care, dignity, and purpose. While no legal outcome can undo the loss, holding the responsible party accountable can help your family find closure and financial stability.
What Is a Wrongful Death Claim?
A wrongful death claim is a civil lawsuit filed when a person dies due to someone else’s negligent or intentional actions. These claims are typically filed by the deceased person’s surviving spouse, children, or next of kin, and they aim to compensate the family for both financial and emotional losses.
Fatal Car or Truck Accidents
Caused by reckless, distracted, or intoxicated drivers
Medical Malpractice
When a healthcare provider’s negligence results in preventable death
Workplace Accidents
Especially in construction or industrial settings
Defective Products
Products that were dangerous, poorly designed, or lacked proper warnings
Unsafe Premises or Property Hazards
Falls, electrocutions, or injuries that occur due to unsafe conditions
Acts of Violence or Criminal Negligence
Including cases where civil justice can be pursued alongside criminal charges
What Damages Can Be Recovered in a Wrongful Death Claim?
Illinois law allows surviving family members to seek compensation for a variety of financial and emotional losses. These may include:
Funeral and Burial Expenses
Loss of Financial Support
Loss of Companionship
Grief, Sorrow, and Mental Suffering
Medical Bills
FREQUENTLY ASKED QUESTIONS
Wrongful Death FAQ
Who can file a wrongful death lawsuit in Illinois?
A wrongful death claim is typically filed by the personal representative of the deceased person’s estate. This is often a spouse, parent, or adult child, but may also be someone appointed by the court.
Is there a time limit to file a wrongful death claim?
Yes. In most cases, you must file within two years of your loved one’s passing. Certain types of cases (such as those involving government agencies) may have shorter deadlines. It’s important to consult an attorney as soon as possible.
How long does a wrongful death case take?
The timeline varies. Some cases resolve through settlement in a matter of months, while others may take longer—especially if litigation is required. We’ll guide you every step of the way and keep you informed throughout the process.
What’s the difference between wrongful death and survival actions?
A wrongful death claim compensates the surviving family for their loss. A survival action seeks damages for the pain and suffering the deceased person experienced before their death. These claims are often filed together.