The loss of a loved one is a painful experience that no words can adequately describe. In the case of a sudden, unexpected death, families have not had time to begin to deal with the emotional trauma that comes with the loss of a loved one.
The last thing a grieving family member wants to do at this time is delve deeper into the situation and face the stress of a wrongful death suit against the party responsible for the loss.
While nothing can replace your loved one, a wrongful death lawsuit can help make sure you receive the compensation you are due to cover the expenses brought on by this unexpected loss. Let us handle the legal complexities for you while you and your family focus on recovery. Reach the Illinois wrongful death attorneys at multiple locations from Champaign, Kankakee, Danville, to Mattoon for the caring, compassionate representation you deserve.
Contact the Spiros Law team to discuss legal options.
Spiros Law
Schedule Free Consultation | Meet The Team
Major Personal Injury Lawsuits & Litigation
20+ Years of Experience
Available 24/7 by Phone, Message & In-Person
$0 Upfront Attorney’s Fee
Why Choose Spiros?
At Spiros Law, we are injury lawyers focused on one goal: getting you full and fair compensation after you’ve been harmed by someone else’s negligence.
We don’t just file claims—we fight for results. Our attorneys are skilled negotiators who push insurance companies and responsible parties to pay what you deserve. And if a fair settlement isn’t offered, we are trial-ready litigators with real courtroom experience, fully prepared to take your case to court to demand justice and accountability.
Proven Results
- $40,000,000 – Birth Injury Verdict (highest reported medical malpractice verdict in Illinois outside of Cook County)
- $29,500,000 – Medical Malpractice Settlement (marking a record-breaking settlement in downstate Illinois, areas outside of Cook County & Chicago)
- $700,000 – Medical Negligence & Wrongful Death Settlement (after an untimely fetal passing)
These outcomes are only a glimpse of what we can do.
- Wrongful Death
- Catastrophic Injuries
- Traumatic Brain Injuries
- Auto Wrecks
- Burn Injuries
- Paralysis Injuries
- View All Practice Areas
Our reputation is built on proven results and respect within the legal community.
Premier Litigation Results & Professional Acclaim
- Million Dollar Advocates Forum: Membership is limited to trial lawyers who have won million and multi-million dollar fragments and settlements.
- Super Lawyers (2007, 2012 – 2026): Recognized as a Top Lawyer in Illinois for nearly two decades, a distinction earned by only 5% of attorneys in the state.
- Top 10 Consumer Lawyer, Leading Lawyers: Awarded for excellence in representing individuals against major insurance corporations.
Gold-Standard Ratings from Clients & Colleagues
- Notable “Superb” 10/10 Avvo Rating: The highest possible score for legal ability and ethical standards.
- 5-Star Attorney Rating, Lawyers.com: Reflecting our commitment to client communication and successful case outcomes.
- Distinguished 4.9 Peer Review, Martindale-Hubbell: An elite rating based on the confidential opinions of members of the Bar and the Judiciary.
- Notable 10/10 Justia Lawyer Rating: Comprehensive recognition of legal knowledge and professional standing.
Mastery of the Illinois Legal Landscape
- Illinois Bar Certified: Verified legal standing and compliance within the Illinois judicial system.
- Top Attorney Award (2019 – 2024): Deeply rooted in the local community, serving Northeastern Illinois.
Meet James D. Spiros and Your Legal Team: The Spiros Law Team
Wrongful Death Cases
We understand that it is difficult to even consider taking legal action while dealing with the emotional pain that comes with the death of a loved one. However, the financial burdens of your loss can be overwhelming. These costs should be covered by the person or entity responsible for your loved one’s death. With legal assistance, you may be able to gain compensation to help you with certain costs and pressures, including:
- Funeral costs
- Medical costs
- Loss of income
- Loss of companionship or support
- Emotional pressures
Illinois Wrongful Death FAQs
Eligibility and Timing
Who is allowed to file a wrongful death lawsuit in Illinois?
In Illinois, individual family members do not file the lawsuit themselves. The case must be filed by the personal representative of the deceased person’s estate. This is usually named in a will. If there is no will, a judge appoints someone, often a spouse or close family member.
Even though the representative files the case, any money recovered goes to the surviving spouse and next of kin such as children or parents.
What is the deadline to file a wrongful death case?
Most cases must be filed within two years from the date of death. The clock starts on the day your loved one passed away, not the day of the accident.
Are there any exceptions to the two-year deadline?
Yes, some situations have different rules:
- Minor children may have until two years after turning eighteen
- Claims involving government agencies often must be filed within one year
- Deaths caused by violent criminal acts may allow more time
Missing the deadline usually means the case is permanently barred.
Damages and Compensation
What types of compensation are available in Illinois?
Wrongful death compensation generally falls into two groups.
Economic damages cover financial losses such as:
- Medical bills related to the final injury
- Funeral and burial costs
- Lost income and benefits your loved one would have provided
Non-economic damages cover personal losses such as:
- Loss of companionship and guidance
- Grief, sorrow, and emotional suffering
How is future income calculated?
Professionals look at your loved one’s age, health, job, income history, and expected career path. Life expectancy tables and financial data are used to estimate what they would have earned and contributed over their lifetime.
The Legal Process
How long does a wrongful death case take?
There is no fixed timeline. Some cases settle in a few months. Others can take years, especially if fault is disputed, medical issues are complex, or a trial becomes necessary.
Will we have to go to court?
Most cases settle before trial. However, family members may still need to give a deposition. This is a formal question and answer session under oath about your relationship with your loved one and how the loss affected your life.
How is a civil case different from criminal charges?
A wrongful death case is civil, not criminal.
- Criminal cases are brought by prosecutors to punish someone.
- Civil cases are brought by the estate to seek financial accountability.
A civil case can succeed even if there is no criminal conviction.
Financial Logistics
How is the settlement divided among family members?
If the family does not agree, a judge decides how the money is split. The court looks at financial dependence and the nature of each relationship, not just equal shares.
Are wrongful death settlements taxable?
Most wrongful death settlements are not taxed. This includes compensation for physical injury, emotional distress, and lost income tied to the death.
Some exceptions apply:
- Punitive damages are taxable
- Interest added to a settlement is taxable
- Medical expenses previously deducted on taxes may need to be reported
Questions Families Ask Often
Can we sue if the at-fault person has no insurance or money?
You can file a case, but collecting money may be difficult. Lawyers often look for other sources such as:
- Uninsured or underinsured motorist coverage
- Employer liability if the person was working
- Alcohol-serving businesses that overserved an intoxicated driver
The insurance company offered money right away. Should we take it?
Early offers usually require signing away your rights to future compensation. These offers often fail to account for long-term losses like future income. It is important to have the offer reviewed before signing anything.
How do we pay a lawyer if we have no money?
Wrongful death cases are usually handled on a contingency fee basis. This means:
- No upfront costs
- The lawyer pays case expenses
- The fee is a percentage of the final recovery
If the case is not successful, you owe no legal fees.
What if my loved one was partly at fault?
Illinois allows recovery as long as your loved one was fifty percent or less at fault. The final amount is reduced by their share of responsibility. If they were more than fifty percent at fault, the family cannot recover compensation.
Wrongful Death vs Survival Actions
What is a wrongful death claim?
This claim compensates surviving family members for their personal losses, including lost financial support, grief, and loss of companionship.
What is a survival action?
This claim belongs to the estate and covers what your loved one could have claimed if they had lived. It includes medical bills, lost wages between injury and death, and pain and suffering before passing.
Both claims are often filed together to fully protect a family’s rights.
Ready for Legal Advice?
The Illinois litigators & injury attorneys of Spiros Law understand both the legal and emotional issues involved in a wrongful death case and are committed to helping families in grief seek consolation and justice after the loss of someone close.
Our qualified Illinois attorneys will do everything in our power to help you through your difficult time and will handle your case professionally and respectfully.
Contact our offices by message 24/7 to discuss your case with a caring and understanding Illinois wrongful death lawyer. Schedule a free consultation today!
Spiros Law
Schedule Free Consultation | Meet The Team
Major Personal Injury Lawsuits & Litigation
20+ Years of Experience
Available 24/7 by Phone, Message & In-Person
$0 Upfront Attorney’s Fee
Disclaimer: This website is for general information only and does not provide legal advice. Viewing this site or contacting Spiros Law does not create an attorney–client relationship. An attorney–client relationship is formed only by a signed written agreement. Past results do not guarantee future outcomes. Every case is different and depends on its specific facts and law. Images are for illustration purposes only. This site may be considered attorney advertising. Spiros Law practices law in Illinois.
