Peoria Wrongful Death Lawyer Helping Families After a Loss
Losing a loved one is always painful. Losing them because of someone else’s choices can feel overwhelming and unfair. On top of grief, many families are suddenly facing medical bills, funeral costs, and lost income.
Illinois law may give your family the right to bring a wrongful death case and a related “survival” claim. These claims can help you seek answers, accountability, and financial support after a preventable death.
At Parker & Parker Attorneys at Law in Peoria, our wrongful death lawyers walk families through this process step by step. We listen to your story, explain your options in plain language, and handle the legal work so you can focus on your family.
Your first consultation is free, and there is no obligation to move forward.
What Is a Wrongful Death Case in Illinois?
A wrongful death case is a civil claim brought after a person dies because of another person or company’s negligence or wrongful act. It is not a criminal case, though a criminal case can happen at the same time.
In a wrongful death case, the focus is on how the death harmed the surviving family members. The law looks at things like loss of support, guidance, and companionship, as well as grief and sorrow.
There is also a related claim called a “survival” action. A survival claim stands in for the personal injury case your loved one could have brought if they had lived. It covers harms they experienced between the injury and their death, such as pain, suffering, and medical bills.
Most families have both types of claims in the same lawsuit. A Peoria wrongful death lawyer at Parker & Parker can help you understand how these work together in your situation.
Who Can File a Wrongful Death Claim?
Not every family member can file a wrongful death case on their own, even if they were very close to the person who died. Illinois law uses a specific process.
First, a personal representative must be appointed for your loved one’s estate. This person may be:
- The executor named in a will, if there is one
- An administrator appointed by the probate court if there is no will
- Sometimes a special administrator chosen only to handle the lawsuit
The personal representative is the one who actually files the lawsuit. But they file it for the benefit of the surviving spouse and next of kin, such as children or, in some cases, parents of a minor child. The court later decides how to divide any recovery among those family members based on their losses.
Our firm regularly helps families open an estate in local probate court, get the right person appointed, and move the claim forward without extra delay.
What Situations Can Lead to a Wrongful Death Case?
A wrongful death case can grow out of many different types of accidents or unsafe choices. Some of the most common situations we see include:
- Car accidents caused by speeding, distraction, drunk driving, or other careless behavior
- Truck crashes involving unsafe trucking companies or tired, poorly trained drivers
- Motorcycle collisions where drivers fail to see or respect motorcyclists
- Nursing home neglect or abuse that leads to fatal infections, falls, or other injuries
- Birth injuries and other medical negligence, including missed diagnoses or unsafe treatment
You do not have to know exactly what went wrong before you call a lawyer. Part of our job is to investigate the facts, work with experts, and help you understand whether someone’s carelessness or misconduct caused your loved one’s death.
What Damages Can a Family Recover?
No amount of money can make up for the loss of a parent, spouse, child, or other loved one. But a financial recovery can keep your family stable, cover expenses, and give you more space to grieve and rebuild.
Wrongful Death Damages for the Family
Wrongful death damages are meant to compensate the surviving family members for their own losses. Depending on the facts, these can include:
- Loss of financial support and future earnings your loved one would have provided
- Loss of benefits, such as health insurance or retirement contributions tied to their work
- Loss of household services, like childcare, home maintenance, or caregiving
- Loss of society, which includes love, companionship, care, guidance, and advice
- Grief and sorrow of the surviving spouse and next of kin
- Funeral and burial costs
In many cases, the most powerful part of the claim is not the paycheck your loved one brought home, but the role they played in the family. A wrongful death claim gives you a structured way to explain that loss to a jury or to the other side in settlement talks.
Survival Damages for the Estate
Survival damages belong to your loved one’s estate, and they cover what your loved one went through between the injury and their death. These may include:
- Medical bills and related expenses
- Conscious pain and suffering
- Disability, disfigurement, or loss of a normal life during that period
The estate’s recovery is eventually distributed to the heirs, usually along with the rest of the estate property. In many nursing home and medical cases, this is the part of the claim that pays back hospitals and other medical providers, while the wrongful death portion focuses on the family’s loss.
Are Punitive Damages Available?
Punitive damages are “extra” damages meant to punish especially bad conduct and deter others from doing the same. Many families ask whether they can seek them.
Illinois law is strict about when punitive damages are allowed. Courts have held that the Illinois Wrongful Death Act itself does not provide for punitive damages, and claims for punitive damages often do not survive the injured person’s death. In some situations, a related claim under another law might support a punitive damages request, but those situations are limited and fact-specific.
When we review your case, we will look closely at what laws apply and explain, in plain language, whether any sort of punishment damages may be available or not. We will never promise something Illinois law does not allow.
How Wrongful Death Cases Are Proven
A strong wrongful death case is built on careful investigation and clear evidence. Families often know that “something went wrong,” but they may not know how to prove it. That is where an experienced Peoria wrongful death lawyer and trial team come in.
Depending on the type of case, we may:
- Gather police reports, crash data, and photos from the scene of an accident
- Collect EMS, hospital, and long-term care records to show what actually happened
- Obtain the death certificate and, if one was done, review any autopsy report
- Interview witnesses, family members, and treating providers
- Work with medical experts to explain how negligence caused the death
- Consult economists and other experts to explain the financial impact on the family
In nursing home and medical cases in particular, expert testimony is usually critical. Jurors need a doctor or other qualified expert to connect the dots between poor care and a resident’s death. Our knowledge base and trial materials reflect how important it is to prepare these experts well and to present a clear, simple story to the jury.
How Long Do I Have to File a Wrongful Death Claim?
Wrongful death claims are subject to strict deadlines called statutes of limitations. In many Illinois wrongful death cases, the basic deadline is two years from the date of death. If you file too late, the court can bar the claim, no matter how strong the facts may be.
There are important exceptions. Different time limits may apply if:
- The case involves a government entity
- The claim is based on medical malpractice
- The death was discovered long after the underlying negligence
There are also separate filing rules and certificate requirements in some professional negligence cases. Because of these layers, it is wise to talk with a Peoria wrongful death lawyer as soon as you can. One of the first things we will do is confirm your deadlines and make sure the case is filed on time.
How Long Does a Wrongful Death Case Take?
Every case is different, but wrongful death claims are rarely quick. They are often complex, emotional, and expert-heavy, which means they can take years to fully resolve.
Some cases settle before a lawsuit is filed, after we investigate and present a detailed settlement package. Others settle during discovery, shortly before trial, or even while a jury is deliberating. Trial materials in our knowledge base note that it is not unusual for a serious injury or death case to take several years from filing to final resolution, especially if there are multiple defendants or disputed medical issues.
Throughout the process, we focus on practical steps:
- Early investigation and preservation of key records
- Careful selection and preparation of experts
- Realistic case evaluation based on the facts and law
- Open communication with you about major decisions
We will never pressure you to take a quick settlement that does not reflect your losses, but we also understand that your family needs closure. Our goal is to balance both.
Why Work With Parker & Parker on a Wrongful Death Case?
Parker & Parker is a local, family-run law firm based in Peoria. We represent people, not insurance companies. For decades, our lawyers have handled serious injury and death cases arising from car and truck crashes, nursing home neglect, medical negligence, and other preventable events.
Our approach is simple:
- We treat you with the same respect we would want for our own family.
- We spend the time needed to understand who your loved one was and how this loss has changed your life.
- We build cases using the same trial-tested tools described in our litigation materials: clear themes, strong documentary evidence, and credible expert witnesses.
Many families come to us because they want answers and a voice, not just a check. We share that goal. A wrongful death case can shine a light on unsafe practices and sometimes lead to changes that protect others in our community.
Contact a Peoria Wrongful Death Lawyer at Parker & Parker
If you have lost a loved one and believe someone else’s negligence or wrongful act played a role, you do not have to figure out the next steps alone. A Peoria wrongful death lawyer at Parker & Parker can review the facts, explain your rights, and guide your family through the legal process.
Parker & Parker Attorneys at Law is located at 300 NE Perry Ave., Peoria, Illinois 61603. Call us at 309-673-0069, send us a message online, or schedule online for injury cases or adoptions: injury consult | adoption consult.
Wrongful Death FAQs
What is the difference between a wrongful death claim and a survival claim?
A wrongful death claim focuses on the losses suffered by the surviving family members after a loved one’s death, such as grief, loss of companionship, and lost financial support. A survival claim focuses on what your loved one went through between the injury and their death, such as pain, suffering, and medical bills. Both claims are usually filed together in the same lawsuit.
Who receives the money from a wrongful death settlement or verdict?
The lawsuit is filed in the name of the estate’s personal representative, but the court divides the wrongful death recovery among the surviving spouse and next of kin. The division is based on how much each person was harmed by the loss, not simply on who is named in the will. Survival damages are first used to pay valid expenses and liens, and the remainder is then distributed as part of the estate.
Can we bring a wrongful death case if my loved one was partly at fault?
Often, yes. Illinois uses a fault system where a person’s recovery can be reduced by their share of responsibility for the event. If your loved one shares some blame, that does not automatically end the case. Instead, any settlement or verdict may be reduced by the percentage of fault assigned to them. In some situations, if they are found mostly at fault, the family may not recover. A lawyer can help evaluate how fault may be argued in your case.
Do I have to pay medical bills out of a wrongful death settlement?
In many cases, hospitals, Medicare, Medicaid, or health insurers have liens that must be addressed out of the settlement, especially from the survival portion of the claim. Part of our job is to identify these liens, make sure they are accurate, and negotiate them when possible so that more of the recovery reaches your family.
Will we have to go to trial?
Most wrongful death cases settle before trial, but it is impossible to guarantee that yours will. We prepare each case as if it will go to trial. That strong preparation often leads to fair settlements. If a trial becomes necessary, we will explain what to expect and stand with you through each step.
How much does it cost to hire a wrongful death lawyer?
Parker & Parker handles wrongful death cases on a contingency fee. That means you do not pay any attorney fee up front. Our fee is a percentage of the amount we recover for you, and if there is no recovery, there is no fee. We will explain the fee agreement in writing and answer all of your questions before you sign.