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Illinois Wrongful Death Lawyer

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$1.47 Billion in
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Settlements

Total reviews: 126 | Average rating: 4.9

5

If ever needed. I will gladly go to the Collins law firm again. They were always quick to respond any questions. Happy to say case is closed and all went well .

5

I’ve had the opportunity to co-counsel with John Risvold and he is a great attorney. He brings a high level of experience, strategic insight, and tenacity to every case. Truly an asset to the personal injury field. Rest assured, your case is in good hands with this firm

5

Chris Gauther was our attorney and he was very communicative and thorough! We highly recommend the firm! Patty the paralegal was awesome as well! Overall we had a great experience!

5

I had an outstanding experience with Collins Law Firm following my car accident in McHenry County, IL. From start to finish, the team was responsive, knowledgeable and truly had my best interests at heart. A special thank you to Chris Gauthier, who handled my case with professionalism and care. His guidance made a stressful situation much more manageable. I highly recommend Collins Law Firm to anyone in need of strong, compassionate legal representation.

5

My brother suffered horrific injuries in a hit and run accident that involved a drunk driver. I called a couple of other law firms before I VERY fortunately found Collins Law Firm. Our attorney, Ed Manzke, worked diligently and expeditiously to get my brother the highest compensation available in our personal injury case. Ed surpassed our family’s expectations not only in his knowledge and work ethic, but in his genuine compassion for my brother’s situation. He made accommodations that facilitated meeting with us in person WHILE my brother was still in the hospital undergoing surgeries and procedures. Frankly, Ed was the only attorney that offered to do this and it helped speed our case along at a point when we felt that time was of the essence. Additionally, Ed’s assistant, Amber Blevins, deserves acknowledgment for all of her hard work as well. She always offered to answer any questions we had throughout the process and would often reach out to check on my brother’s condition on her own, or at Ed’s request. It means so much when you’re going through a devastating event, that you feel heard, seen and supported. If you want professionals that truly fight for you and treat you as if you’re their only client, then I HIGHLY recommend you contact Collins Law Firm!

5

I cannot speak highly enough of attorney Ed Manzke and his assistant, Amber Blevins, at The Collins Law Firm. Ed worked diligently and with great integrity to help me receive compensation for a lead paint disaster at my residence. From start to finish, Ed, Amber, and the entire team were professional, responsive, and compassionate.

Ed’s thorough guidance and legal expertise gave me tremendous confidence throughout the process. He was always available to answer questions, explain next steps, and provide reassurance when needed. Amber’s attention to detail and communication were equally impressive—she was organized, proactive, and supportive at every turn.

Their combined professionalism, empathy, and commitment truly set them apart. I am deeply grateful to Ed, Amber, and the Collins Law Firm for their outstanding work. I highly recommend them to anyone in need of trusted and skilled legal representation. Thank you, Ed!

5

Fantastic law firm! Christopher Gauthier kept me up to date every step of the way, and helped me figure out a game plan. Im very satisfied with my service here!

5

John Risvold was recommended by a friend and he was a great fit!
Professional and pleasant from the first conversation we had!
He was always available and kept me informed of progress! Patty and Chris worked and made sure I was comfortable and getting all the information needed.
I would highly recommend John and his team.

5

My lawyer was Chris Gotti. He is the best lawyer I could have ever asked for hands down. He was always on top of things and whenever he had news, he would always communicate with me right away! He is very understanding and friendly to talk to and will make you feel comfortable right away! Pick Chris Gotti as your lawyer! He won’t let you down I promise you!

5

Ed and Amber were wonderful to work with. Very professional and achieved a fair settlement for a dog bite/attack. Definitely recommend choosing Collins Law Firm.

5

The staff at Collins Law Firm was very professional and cooperative. From Patty the Legal Assistant to Chris Gauthier, the Attorney who handled my case. Chris G was even polite to refer me to another lawyer in a different field for something else I needed help in. Things were handled quickly and firmly and I knew all the steps along the way because Chris G kept in contact with me at all times. The result of my case was very pleasing, and I will always deal with Collins Law Firm if I ever need legal assistance, which I don't hope I will but they are my choice if I do.

5

My decision to go with Ed Manske and Amber Blevins to handle my mom’s injury case was one of the best decisions I’ve made! From the beginning Ed took the time to listen and put me and my mom at ease. When we made a decision to open a case it came at a time when I was overwhelmed with my mom’s medical situation including countless hospital visits, therapy, bills, doctor appointments etc so throwing a dart and picking a lawyer added to my plate. Both of them were beyond outstanding! They were both extremely professional, communicated expectations, we never seemed rushed to get off the phone quite the contrary they made sure we didn’t have any additional questions. Ed is genuine and truly makes you feel like you are his only case. Thank you so much!

5

I found myself in a car accident situation where I didn’t know who to turn to or what to do. Chris was easy to talk to and I’m glad that the Collins Law firm handled my case all the way through. I’m blessed to have had them, and definitely recommend to anyone who needs fair and compassionate council. Thank you, Collins Law!

5

This is by for the best experience I have had with a law firm, Collins Law Firm. From the onset of the car accident away from our home town, I did not know whom to call but with a search on the internet, I found this firm online. I was so pleased with initial call and conversation. The agents I have dealt with are professional, knowledgeable, very helpful, great tone on the phone and very patient. They took the time to explain what needs to be done and the expectation. My recent agent Chris G. is so awesome. He always showed empathy besides being patient knowledgeable and understanding. He never beat around the bush with my questions, just gave me straight answers. For real!! I will definitely recommend Collins Law Firm to friends and relatives. Their agents exceeds 100% and gives satisfactory RESULTS.

5

Every business dreams to have a lawyer like Rob Dawidiuk! Through acquisitions, Rob and his team helped me grow to become the largest Massage Envy franchisee in the country. He handled every transaction, every negotiation, and every touch point to a better outcome than planned. Purely flawless. Pure diplomacy. Rob and his team lead the negotiation and sale of my business to the private equity firm tax-efficiently for the best possible exit. Rob then helped me to acquire a second national franchise (FedEx Ground) in two different states over a period of four years totaling 16 separate transactions and did them all to his standard of excellence. I've been very fortunate to have Rob in my corner for the last eleven years not only for his M&A expertise, but also for his day-to-day business counsel and support. - Peter Bray

5

What John and especially Chris did to help me reach the settlement I wanted was truly awesome. Chris had great communication and kept me in the loop with my case the whole time, answering questions and going back and forth with the at fault party’s insurance. On top of being a diligent advocate they were genuinely nice and caring people. I’ve never worked with lawyers before but these guys were great and although I don’t live in the state they practice I’d highly recommend them to anyone who’s been in an accident and needs representation.
Go with The Collins Law Firm.
You won’t regret it.

5

Rob Dawidiuk does a great job as your general counsel and handling transactions and litigation. He makes himself available to answer any questions or concerns and helps you work through them. I highly recommend Rob as your attorney.

5

I have worked with Rob Dawidiuk of Collins Law Firm on several matter pertaining to my company. He was always responsive, knowledgeable, and professional. On some complicated matters, including a commercial property sale, his expertise was key in getting deals done and representing my interests. I've recommended Rob to other business associates and will continue to do so.

5

I have had the pleasure of working with Rob Dawidiuk for virtually all of our corporate legal needs. He's brilliant, works very hard, and always in our best interest.

5

I have worked with Robert Dawiduk for over 10 years, Rob has helped me not only to successfully negotiate tough business contracts but also with the sale of multiple businesses.

I highly recommend Rob for your business; he is fair, highly responsive, provides direct feedback, and offers the best solutions for successful outcomes.

5

Rob Dawidiuk is an outstanding attorney and really great to deal with. We have worked on many many transactions together!

5

I have been working with Rob Dawidiuk on a foreclosure file for the last two years. Rob is a conscientious and thoughtful attorney that looks at the whole picture in the case. He is available when I call. Rob has been a long-term attorney associated with this bank and will be in the future.

5

My wife and I recently closed on our first home and Rob Dawidiuk was incredible in helping us through the entire process. He was quick in responding to any questions we had at any point and guided us each step of the way! Throughout the entire process, Rob went explained the process in a way that was easy for us to understand and made us feel confident that we knew what we were signing up for. Thank you so much for all of your help!

5

My husband and I worked with Rob Dawidiuk for our real estate closing. Rob is kind, honest, and responsive. I would highly recommend working with Collins Law.

5

My family has worked with Collin's and Rob Dawidiuk for almost 20 years. We met Rob when they were representing our insurance carrier for an Asbestos brake shoe claim, for which we had no liability. Rob immediately filed for a dismissal, and the plaintiff's attorney was shocked that Rob wouldn't put more time into the case because he could bill the insurance company for more time.

As a business owner, this show of high ethics is why we have been with Collins since then through thick and thin.

They have handled every aspect of legal work for our business (employment law, contract, real estate, product liability, etc).

5

Excellent business to partner with. Rob Dawidiuk has helped our business with all general counsel needs throughout the United States. Not only are they outstanding legal counsel, but also great people. I strongly recommend to anyone.

5

As in-house counsel for a nonprofit corporation, I worked with Rob Dawidiuk as our trial attorney on a complex case. After years of motions, discovery, and partial summary judgments, Rob defended us in a four-day trial and Rob was successful in winning on all issues in the case. It is a pleasure to work with Rob who is a very competent and skilled attorney.

5

Working with Ed Manzke and Amber was an absolute blessing. From the moment I reached out, they treated me with kindness, understanding, and a level of professionalism that immediately put me at ease. They didn’t just handle my case—they truly cared about my well-being and fought hard to get the best possible outcome. They explained everything clearly, kept me informed at every step, and never made me feel like just another client. Their dedication, expertise, and compassion made all the difference, and I can’t recommend them highly enough. If you need lawyers who are not only skilled but also genuinely care, Ed and Amber are the ones to call.

5

Chris did a great job! I highly recommend him for any case.

5

Really good people John is very patient and responsive with handling you personal request

5

John Risvold exceeded our expectations! I was involved in a car crash which resulted in needing several neck and back surgeries, as well as numerous other medical procedures. When the medical bills started piling up and I wasn't feeling better, I sought legal help. My husband and I met with John Risvold, who explained the legal process and stood by us every step of the way, exhibiting patience and professionalism. It was a great relief to offload our anxiety and legal work to him and we always felt that John had our back. The case went to trial and John (and Chris Gauthier) gave a master class on how to litigate a civil claim. We won the case and are extremely happy with how we were treated. We strongly recommend John Risvold and The Collins Law Firm!

5

John at Collins Law has been wonderful help. I'm forever grateful he tackled this case, handled it with care, was efficient, and compassionate. He responded to any questions I had at incredible speed & in great detail. He cares for his clients, and has been wonderful during this trying time. You cannot ask for a better experience, highest respects for John. Highly reccomend.

5

I cannot say enough great things about Chris Gauthier!. He has demonstrated outstanding negotiation skills, resolving my case efficiently and effectively. Chris ability to analyze the situation, provide sound advice, and keep me informed at every step was both reassuring and impressive. What stood out the most was his dedication to achieving the best possible outcome from me. Chris treated my case with care, making me feel valued and supported throughout the entire process.

If you're looking for a lawyer who is knowledgeable, communicative, and truly cares about your best interests, I highly recommend Christopher Gauthier!

5

Working with Ed J. Manzke and THE COLLINS LAW FIRM has been great. Communication, follow-up, advice, and experience were all excellent. Before I met Ed, I was at a low point, as a drunk driver had dramatically changed my life. I was seriously wondering what I could do, and he provided us with a light at the end of the long tunnel. Thank you to everyone at the firm for all their help; we are lucky to have had your support.

5

Ed and his team worked tirelessly to help me with a personal injury situation. They are friendly and kind and want to help you achieve the highest level of settlement resolution. Definitely recommend them as a legal team!

5

I had an outstanding experience with Ed from the Collins Law Firm as my injury lawyer. I was involved in a car accident and was connected with Ed from this firm. Ed was incredibly empathetic, always taking the time to listen and prioritize my needs throughout the entire process. His communicative and transparent approach ensured that I was informed and comfortable with every decision made. Ed’s dedication and support were instrumental in navigating my case, and I highly recommend him to anyone seeking a compassionate and effective injury lawyer.

5

I received the best over the phone consultation, he was very helpful and informative, thank you so much

5

John has helped me out on a couple of times. He really cares about people and helping them . That is a rare thing with most people and very refreshing to see!!

5

I called Collins law firm when I was hit by an SUV. Edward Manzke was my attorney. I couldn't be more then happy with him. He didn't treat me as a client, he treated me as a human being, that was important to me. Thank you . Ed.

5

I had a very positive experience with the Collins Law Firm. Ed Manzke was easy to communicate with and very informative. I appreciate all the time they put into my case and making sure I knew what was going on every step of the way.

5

Shawn & his team are not only very professional, they are so caring & patient! The Collins Law firm will be the first I’ll call with any future questions or concerns.

5

I would highly recommend the Collins Law Firm. I deeply appreciate their professionalism, their expertise in environmental law, their attention to detail, and their consistent communication. Shawn was meticulous in his explanations of the process and our choices, and was always available to answer follow up questions with patience and care (including a phone meeting with me the weekend of his daughter's wedding). I am grateful for the representation provided by the whole team at Collins--thank you!

5

Outstanding
The Collins Law team is outstanding. You will find that each lawyer is passionate and focused to achieve the best outcome for their clients. In a recent case in which I was involved in, was related to the emission of toxic fumes. Although legal team members specialized in environmental law, Shawn brought in scientists as well as physicians as resources. to support my case. Communication between the team and I was excellent. They explained the case and proceedings and updated me throughout with personal phone calls and meetings. At any time when I had questions related to my case, immediate answers were provided .
Throughout complex litigation they made me feel involved and explained and they also made me feel that my case and my input was valued.

5

My experience with the Collins Law Firm was top notch! In a world where concern for others seems to be lacking, Shawn Collins and his team were professional, compassionate, and always clear when explaining tedious information.
I thank everyone for your hard work and diligence to win my case…it is sincerely appreciated!

5

The Collins Law Firm team helped me with cases for my parents and I am very satisfied with the settlement. The team did great job with communication throughout the process. They were very good at explaining details of what needed to be done. All of them really care about my family and worked really hard to get justice for them. I am very happy I choose the Collins Law Firm over any other to handle our cases. Thank you Collins team!

5

I hired Shawn Collins from the Collins Law Firm in Naperville. He represented me and others who contracted cancer because of a corporation that was responsible for releasing toxins into the environment. Shawn and his team of attorneys and scientists worked with diligence to prove their case. Shawn is an excellent communicator and is empathetic to his client's frustration and pain. He and his team can be trusted to fight for you as if you were part of their own family. Thank-you Shawn and team from Collins Law Firm.

5

I had a fantastic experience with The Collins Law firm. Their team of attorneys are truly exceptional. They are accommodating, kind, responsive and provide expert legal guidance and support to achieve the best possible outcome. I always feel they have my best interest at heart and are always willing to spend extra time if you have questions. I highly recommend the Collins Law Firm to anyone in need of legal assistance! Thank you Shawn Collins for outstanding service, I appreciate you and everyone on your staff.

5

“The Collins Law Firm is excellent!! This was my first experience with a law firm, and I have nothing but high praise for Shawn Collins, and his entire law office. Every time there was a need for getting me information, a meeting was held that was detailed, concise, and complete. Their communication was excellent, and kept me informed of every step of my lawsuit. If I ever had a question, it was quickly and completely answered. Every staff member at Collins Law Firm was the utmost professional, yet very kind and caring. I felt they really were concerned about me and what was best for me. I am so happy I was represented by Collins Law Firm. Shawn Collins is the best! I wholeheartedly recommend the firm to anyone looking for superb, knowledgeable representation! Thank you so much Collins Law Firm for what you did for me!"

5

Shawn Collins and his AMAZ8NG team achieved what I had no idea was possible. My goal.was to get a company that had been illegally releasing cancerous gas into the air by my home and school for almost 40 years SHUT DOWN to protect the residents and their children. Not only is that company shut down in our area but the other locations are being stopped as we speak. The Collins Law Firm has saved thousands of lives by fighting for me and others affected by cancer. It is heartbreaking to know that many have lost their lives and are still suffering because of this company. No amount of money from a settlement will ever give us our health back again but at least the future residents will be safe and this will force other similar companies to THINK about the safety of the people that live near their locations and follow the guidelines THOUGHTFULLY put in place by the EPA.
Thank you Shawn Collins and the Collins Law Firm

5

We hired Shawn Collins and The Collins Law Firm about 5 years ago to handle a very complicated personal injury case involving our daughter with special needs. He took the time to meet with us on multiple occasions to get to know our family, especially our daughter. Due to the complexities of our case and various other factors, our case took many years to finally get resolved. Although the case took a while, Shawn Collins and The Collins Law Firm always kept us updated and informed. They were always very accommodating and made sure to answer any questions we had along the way. The Collins Law Firm was always responsive and informative, and provided thorough and detailed information when necessary. Additionally, Shawn Collins is not your stereotypical attorney. He had and continues to have a genuine and caring interest in our family, and in the best interest of our daughter. We have been more than pleased with the services we received, and we highly recommend Shawn Collins and The Collins Law Firm. Our family is truly and eternally grateful!

Ivan and Judy H

Wrongful Death Lawyer

Compassionate Wrongful Death Attorneys in Illinois

When a loved one’s life is tragically cut short due to an individual or institution’s negligence, family members are left reeling. They need to grieve and the last thing they want to think about is a lawsuit. At The Collins Law Firm, we understand that the recovery of damages can never compensate for the pain of losing a family member too soon. However, a lawsuit may help your family recover financially from your devastating loss and may prevent future tragedies form occurring. If you are looking for the right law firm to represent your family after the death of a loved one, then you have come to the right place. Our compassionate Naperville, Illinois wrongful death attorneys can support your family through this tragedy and bring you some peace of mind for the future.

FREQUENTLY ASKED QUESTIONS:

What Does Wrongful Death Mean?

What Should I do if I Think I Have a Wrongful Death Case?

What Kinds of Cases do Our Wrongful Death Attorneys Handle?

Who can Sue for Wrongful Death in Illinois?

What Must I Prove in a Wrongful Death Lawsuit?

How Much Time do I Have to File a Lawsuit?

Who can I Sue in a Wrongful Death Lawsuit?

What Damages can I Recover in a Wrongful Death Claim in Illinois?

Does Illinois Have Caps on Damages in Wrongful Death Cases?

What if My Loved one was Partially Responsible?

Why Should I Hire The Collins Law Firm?

How Expensive Will This be and How Long Will it Take?

What Does Wrongful Death Mean?

Wrongful death is a legal term that refers to a death caused by the fault of another person. A wrongful death lawsuit is one that is brought by a family member because a loved one has died as a result of the negligent behavior or unintentional act of another person. Common causes of wrongful death might be a car accident, medical malpractice, or nursing home negligence. Illinois has laws that allow a victim’s family or estate to recover compensation when a wrongful death occurs. Those laws are:

  1. Illinois Wrongful Death Act – This law allows surviving family members to recover monetary losses caused by a loved one’s death. Surviving family members generally means a spouse, children or parents.
  2. Illinois Survival Act – Illinois law that allows the deceased person’s estate to sue for monetary losses and pain and suffering endured between the time of injury and the time of death.

These are separate claims, but may be pursued at the same time depending on the circumstances of the case.

What Should I do if I Think I Have a Wrongful Death Case?

If you believe that your loved one’s death may have been caused by another person’s negligence, you need to contact an experienced wrongful death attorney as soon as possible. In many wrongful death cases, crucial evidence can be lost if not quickly preserved. At The Collins Law Firm, we recognize this important issue and are ready to quickly mobilize to preserve evidence. We know how to thoroughly investigate all the factors that led to the fatal accident that took your family member from you. We will review any police reports that are available, consult with experts, and interview witnesses and other victims. We will leave no stone unturned in trying to recover compensation on your behalf.

What Kinds of Cases do Our Wrongful Death Attorneys Handle?

Our experienced wrongful death attorneys help grieving families with a wide variety of wrongful death cases. Some examples of these include:

Medical malpractice wrongful death cases due to:

  • Hospital or emergency room errors
  • Surgical errors
  • Misdiagnosis or failure to diagnose
  • Anesthesia errors
  • Childbirth errors (affecting mother or infant)

Nursing home wrongful death cases, caused by:

Pharmaceutical wrongful death cases, due to:

  • Fatal prescription medication side effects
  • Pharmacy errors
  • Unintentional overdoses
  • Addiction to overprescribed pain killers
  • Hospital or nursing home medication errors

Motor vehicle accident wrongful death cases, including:

Filing a wrongful death lawsuit can be intimidating for many people going through the process for the first time. You can take comfort in the fact that we are trial attorneys who have recovered millions in compensation for our clients, and who have the skills, knowledge and resources to go toe-to toe with the people and corporations responsible for your loss.

Who can Sue for Wrongful Death in Illinois?

A wrongful death lawsuit must be brought by a person who has standing to pursue the case in Illinois. This personal representative for the deceased may be named in the victim’s will, however, if no one is named, a close family member can petition the probate court to be appointed the personal representative. The lawsuit is then brought on behalf of the victim’s next of kin. In most cases, the next of kin includes the deceased person’s immediate family: the surviving spouse, children, siblings or parents (including adoptive parents and adopted children). If no immediate family survives, a lawsuit may be brought on behalf of a niece or nephew.

What Must I Prove in a Wrongful Death Lawsuit?

In a wrongful death lawsuit, it is up to the party initiating the case to prove certain things:

  • Duty: The plaintiff must prove that the defendant—whether individuals, a company, or a government entity--had a duty to behave safely and avoid harming others.
  • Breach: The plaintiff must prove that the defendant failed to meet this legal obligation and acted negligently, thereby breaching his duty.
  • Causation: The Plaintiff must prove that the defendant’s actions caused the injury which was responsible for the victim’s death.
  • Damages: In a survival action, the plaintiff must prove that the victim incurred some type of damages--whether loss of wages, pain and suffering, or medical expenses—between the time of injury to the time of death. In a wrongful death claim, the plaintiff must prove that survivors suffered losses—such as lost wages, loss of companionship, or grief and sorrow-- as a result of a family member’s death.

How Much Time do I Have to File a Lawsuit?

Wrongful death lawsuits in Illinois and in most states have time constraints called statute of limitations. If you do not initiate a lawsuit within the time allowed by the statutes, you will be barred from ever recovering compensation. Generally, in Illinois, you must file a wrongful death lawsuit within two years from the date of the incident. There are, however, some exceptions:

  1. Statue of limitationsSurvivors of a person who died as a result of medical malpractice have two years from the time they knew or reasonably should have known that a doctor's actions caused their loved one's death. This is called the "discovery rule". In any case they must still bring the action within four years of the death.
  2. A child has until two years after reaching the age of eighteen.
  3. If you are suing the government for a wrongful death, the statute of limitations is usually one year.

Statute of limitations exist to facilitate a swift resolution to cases. By giving plaintiffs a deadline for filing a lawsuit, the state compels them to pursue their case within a reasonable time frame. This helps ensure that valuable evidence does not get lost over time. It is very important that you consult a knowledgeable wrongful death attorney about the relevant statute of limitations in your case-- and the sooner the better-- if you believe that you have a wrongful death claim.

Who can I Sue in a Wrongful Death Lawsuit?

In Illinois, next of kin may sue the individual or the company responsible for the death of their loved one. If a city, state, or county agency is responsible for the death, there are special rules, so you should contact an experienced wrongful death attorney who understands these particular cases. Examples of responsible parties in a wrongful death lawsuit could include:

  • Medical malpractice: The medical personnel or company whose substandard care led to the death of your loved one can be sued: doctors, nurses, anesthesiologists, surgeons, hospital staff, health care facility staff, or the hospital or health care facility itself.
  • Nursing home abuse and neglect: The nursing home staff, owners and administrators as well as the nursing home itself may be sued if a loved one dies while he or she is a resident at the facility. Doctors, nurses, or staff may be responsible if the patient dies due to their negligent or deliberate actions.
  • Motor vehicle accidents: A driver whose reckless or irresponsible actions causes the car crash which leads to the death of your loved one, can be sued for wrongful death. Drunk drivers, distracted drivers, exhausted drivers, or drivers who fail to follow traffic laws all may be responsible in a wrongful death lawsuit. If the driver responsible was driving a company vehicle, as an employee doing company business, that company may be held liable. If a vehicle malfunction caused the death, the car manufacturer may be sued.
  • Toxic contamination: If a company contaminates the water you drink or the air you breathe with a toxic chemical which causes your loved one to die of cancer or another illness, that company may be sued for wrongful death.
  • Defective products: The manufacturer of a defective product—such as a defective airbag, infant car seat or medical device—which causes your loved one to die, may be sued for wrongful death. In these cases, the manufacture allowed consumers to use a dangerous product and failed to warn them, which makes them liable.

What Damages can I Recover in a Wrongful Death Claim in Illinois?

The damages that you may recover when a loved on dies depend on whether you file a claim under the Wrongful Death Act or the Illinois Survival Act.

In wrongful death lawsuits, survivors may recover “just and fair compensation” for their “pecuniary injuries”, according to the law. This compensation relies on several factors:

  1. The amount of money earned by the deceased
  2. How much the surviving family members depended on the deceased person's income.
  3. Whether there is a spouse who will suffer loss of companionship and consortium.
  4. Whether there are children who will suffer loss of guidance, care and companionship.
  5. Expenses incurred by the next of kin for the cost of medical treatment and a funeral.
  6. The age and health of the deceased.

Generally you can expect to recover damages for:

  1. Medical expenses: which includes all medical bills incurred before your loved one passed away.
  2. Funeral expenses: The cost of providing a funeral for your loved one.
  3. Lost Income: This includes the complete value of the deceased's financial contribution to the family: salary, health insurance, and bonuses.
  4. Loss of companionship: This includes the emotional pain that comes from losing a beloved family members company and guidance.
  5. Loss of services: This includes the care, guidance and protection provided to the family-especially the children--by the deceased.
  6. Punitive damages: Sometimes the jury may want to punish the defendant responsible for the wrongful death if their behavior was so reckless or terrible. In these cases, they may reward punitive damages to the family.
  7. Pain and suffering: This includes the grief, sorrow and mental anguish the surviving family members feel as a result of losing their loved one.

In a wrongful death claim, the lawsuit is brought on behalf of the surviving family directly, so the damages go to the next of kin and not to the deceased person’s estate. This shields them from claims by creditors.

In a survival lawsuit, however, the lawsuit is brought on behalf of the deceased’s estate, which then recovers the damages when a person passes away. Creditors of the estate then have a claim against the recovery. Damages in survival actions are recovered for the harm that the victim suffered between the time of injury to the time of death. These damages may include:

  1. Medical expenses
  2. Lost wages
  3. Pain and suffering

Finally, when there are multiple surviving family members entitled to recover damages, a judge will determine how much each person shall receive. This amount will depend on the closeness and quality of the relationship between the family member and the deceased.

Does Illinois Have Caps on Damages in Wrongful Death Cases?

Unlike many states, Illinois dos not have a cap on the amount of money that surviving family members can recover in a wrongful death lawsuit. Before 2010, Illinois did have a law that limited non-economic damages in Medical Malpractice cases to $500,000 in actions against doctors and $1,000,000 in actions against hospitals. However, in 2010, the Illinois Supreme Court ruled that this law was unconstitutional.

What if My Loved one was Partially Responsible?

As tragic as it sounds, there are times when a loved one’s actions were partially responsible for the accident that led to his or her death. What happens to your wrongful death claim as a result? In Illinois, being partially responsibility for events that cause an accident is called contributory negligence. Contributory negligence does not prevent you from bringing a claim under Illinois law. Wrongful death and survival actions can still be brought if the deceased was partially at fault, however, the damages awarded may be reduced. For example, if your loved one is determined to be 1 -49% at fault, then the damages will be reduced proportionate to that percentage. However, if a jury decides that your loved one was more than 50% responsible, the case may be dismissed.

Why Should I Hire The Collins Law Firm?

Living through a situation where a loved one has died tragically is heart wrenchingly difficult. Our compassionate Naperville wrongful death attorneys understand that your primary concern is getting answers. We know the pain you are going through and can guide you through the process of finding out what happened and fighting for justice for your loved one. We will lift the legal burden off your shoulders and allow you to grieve in peace. Our attorneys will reach a resolution to your case and recover compensation so you can move on with your life. We will:

Investigate: Our legal team will conduct a thorough investigation into the incident that caused your loved ones death. We will pull together all the medical records and necessary evidence—including consulting with experts-- to determine who is at fault and should be held accountable. We will also review all available insurance policies that may be accessed to cover your claim. This insurance may include homeowner’s insurance, automobile insurance, malpractice insurance, premises liability insurance or other policies.

Negotiate: The attorneys at our wrongful death law firm have years of experience negotiating with insurance companies and know every tactic they use to reduce settlements. We are tough, aggressive negotiators and will work hard to get you a fair and just settlement so you do not have to go through the rigors of a trial.

Litigate: Sometimes, the other party refuses to negotiate in good faith. In these case it is necessary to go to court. Our knowledgeable, experienced trial attorneys know how to create a compelling case in court -- with state of the art exhibits and expert testimony—that will convince a jury to decide in your favor.

As you can see, it is critical that you retain a good lawyer when choosing a wrongful death attorney. You need a wrongful death law firm with the experience and resources to handle even the most complex wrongful death lawsuit. The Collins Law Firm has decades of experience handling these kinds of cases and has recovered millions—including an $8.5 million settlement for a fireman killed in a traffic accident in Chicago—in wrongful death settlements and verdicts for families in Illinois.

How Expensive Will This be and how Long Will it Take?

First and foremost, all wrongful death cases at The Collins Law Firm are done on a contingency fee basis. That means that we charge you nothing upfront and do not get paid unless you recover damages. When you recover compensation, we receive a percentage of the total recovery, based on the length of time the case takes and the expenses involved. This is standard among personal injury attorneys, and will be explained before you retain any of our attorneys because we believe in complete transparency.

As far as the time involved in a wrongful death lawsuit, this can be harder to answer. The length of time can vary wildly, depending on the defendant, their attorneys and their insurance company. In a few cases, a quick settlement may be reached in a matter of months. However, it usually takes one to two years—and sometimes up to four years--for a wrongful death lawsuit to resolve. This will depend on the complexity of the case, the length of time needed to investigate and whether the parties settle or go to court. At The Collins Law Firm we proceed with your case in a timely manner and never park cases on a back burner. However, we also want to be sure everything is done right, and sometimes a quick settlement is not a good settlement. Our attorneys take the time necessary to make sure that you receive a fair settlement for your loss.

Let Our Wrongful Death Lawyers Fight for You

The wrongful death of a family member is an incredibly tragic and painful experience. Making this experience even more difficult is knowing that the death could have been avoided. While monetary compensation cannot make up for the loss in your life, holding the responsible party accountable can give you some peace of mind and let you move on with your life.

At The Collins Law Firm, our compassionate Naperville wrongful death attorneys fight to get you the compensation that you and your family deserve. Contact us at 630-527-1595 (Shawn Collins is at extension 221 and Edward Manzke is at 226) if you are grieving the loss of a loved one because of someone else's negligence. You can schedule a free consultation with an attorney who is committed to helping you get the justice you deserve.

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Why Choose Collins Law
Environmental & Personal 
Injury Lawyers
the legal team at collins law firm

No Fee Unless We Win

Collins Law operates on a contingency fee basis for personal injury and environmental cases, meaning clients only pay legal fees if we win your case.

175+ Years of Combined Experience

Our attorneys have years of experience representing clients with personal injury, environmental contamination, and business claims. Understanding the intricacies of these cases allows us to achieve better outcomes.

Proven Track Record

With a history of successful cases, Collins Law proves their ability to get results for their clients.

Flexible Consultations

Understanding the challenges clients may face following an injury, Collins Law offers flexible consultation options, including home and hospital visits. We will come to you.

Client-Centered Approach

At Collins Law, clients always come first. We prioritize individual needs and concerns, recognizing that each case is unique and deserves personalized attention.

Free Consultation - Available 24/7

Collins Law offers free consultations anytime, making legal advice accessible when it's needed.
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