21 articles
Wrongful death and Survival Act claims in Illinois: who can file, what damages are recoverable, and how the two causes of action work together.
Lost a Loved One to Negligence?
Wrongful Death Lawyer →An Illinois wrongful death action is brought by the personal representative under 740 ILCS 180/2. Section 2(d) generally requires filing within two…
A wrongful-death action is brought by the personal representatives under 740 ILCS 180/2(a). The amount recovered is for the exclusive benefit of…
A wrongful-death action is brought by the personal representatives under 740 ILCS 180/2(a). The recovery is for the surviving spouse and next…
Section 745 ILCS 10/8-101(a) says a civil action against a local entity or any of its employees, other than the patient-care action…
Under 740 ILCS 180/2(a), the jury may award fair and just compensation for the pecuniary injuries to the surviving spouse and next…
The action is brought by and in the names of the personal representatives under 740 ILCS 180/2(a). Except as the section otherwise…
Wrongful death car accidents allow surviving family members to recover for loss of financial support and companionship. The claim requires proving the…
In negligence-based wrongful death cases, the family must prove the defendant’s negligence was a proximate cause of the fatal injuries. Evidence can…
After a fatal crash in Illinois, the at-fault driver’s insurer assigns an adjuster, its claim handler, to investigate, take a position on…
Except as 740 ILCS 180/2(e) provides, subsection (d) requires a wrongful death action within 2 years after the death. Subsection (f) lets…
740 ILCS 180/1 creates an action when a death is caused by a wrongful act, neglect, or default that would have let…
740 ILCS 180/1 says that whenever the death of a person is caused by a wrongful act, neglect, or default, and the…
740 ILCS 180/1 says that whenever the death of a person is caused by a wrongful act, neglect, or default, and the…
Insurance companies investigate liability and negotiate wrongful death settlements with the family and their attorneys. Most cases settle rather than go to…
740 ILCS 180/1 says that whenever the death of a person is caused by wrongful act, neglect, or default, and the act,…
Common wrongful death lawsuits include car accidents, medical malpractice, workplace injuries, and criminal acts. 740 ILCS 180/2(a) measures compensation by the pecuniary…
An action to recover damages for an injury to the person survives under 755 ILCS 5/27-6, except an action for slander or…
In a study of fatal two-vehicle crashes, drivers who tested positive for prescription opioids had more than twice the odds of crash…
Charles M. Farmer’s April 2019 IIHS study associated a 5 mph increase in a state’s maximum speed limit with an 8.5 percent…
Single-vehicle fatal crashes can result from driver error, mechanical failure, medical events (seizure, heart attack), or environmental hazards (road defects, animal crossing).…
Governmental highway safety groups work to reduce speeding through enforcement, public awareness, and road design improvements. Speeding significantly increases crash risk and…