Losing someone you love is one of the most difficult things a family can go through. When that loss is caused by someone else’s negligence or carelessness, the grief is compounded by questions that feel impossible to answer. You should not have to face those questions alone.
Our Cicero wrongful death lawyers at Kennedy Watkins Injury Attorneys represent families across Cook County who have lost a loved one due to another party’s wrongful actions. We have secured a $34,000,000 wrongful death verdict for a family who lost someone in a Chicago apartment fire and a $7,365,000 verdict after a fatal truck accident on the Dan Ryan Expressway. We bring that same commitment to every family we represent.
If your family is dealing with a wrongful death, call (312) 448-8181 for a free, confidential consultation. We are available 24 hours a day, 7 days a week, and we will come to you.
Call Us 24/7: (312) 448-8181 | 350 N. Orleans St., Suite 9000N, Chicago, IL 60654 | Get in Touch With Us Today
Why Cicero Families Trust Kennedy Watkins With Their Wrongful Death Cases
Attorneys Jack Kennedy and Daniel Watkins work on every wrongful death case together. When your family is going through the worst time of your life, having two experienced attorneys collaborating on your case means nothing gets missed and every detail receives the attention it deserves.
A Proven History of Strong Wrongful Death Verdicts and Settlements
We have recovered life-changing compensation for families who lost loved ones to negligence across the Chicago area.
- $34,000,000 verdict for a family in a wrongful death case arising from a Chicago apartment fire
- $7,365,000 verdict for the family of a father killed in a truck accident on the Dan Ryan Expressway
- $1,300,000 recovery from the City of Chicago for a family whose son was killed when a fleeing felon crashed into his vehicle
- Confidential settlement in Brown v. Whiteline Express for a family whose teenage daughter was struck and killed in a trucking collision at the Chinatown Red Line stop
- Confidential settlement in Butler v. Jaguar for a family whose loved one was killed after her vehicle stalled on Lake Shore Drive due to an alleged product defect
Every case is different, and past results do not guarantee a specific outcome. But these results reflect how seriously we prepare and how hard we fight when a family’s future is at stake.
What Clients Say About Working With Kennedy Watkins
Kennedy Watkins holds a 5-star rating across nearly 100 client reviews. For a firm that handles catastrophic loss cases, that kind of consistency says something about the way Jack and Daniel treat the families who trust them.
“He was not quick to settle. He genuinely strived to get me the best possible outcome.”
“From the very first conversation, we knew we made the right choice. Everything was always communicated from the beginning to the end.”
“He made a very emotional and stressful situation much easier.”
When you are grieving and unsure who to trust, the experiences of other families matter. Our attorneys earn that trust by showing up, communicating clearly, and fighting for results that reflect what your family has actually lost.
We Treat Every Family With Compassion and Respect
Wrongful death cases involve real grief, real loss, and real families. Our attorneys approach every case with the sensitivity and care these situations demand. We will never rush you, pressure you, or treat your loss like a transaction.
We Are Available 24/7 and Will Come to You
Grief does not follow a schedule, and neither do we. Our attorneys answer calls around the clock and will meet you at your home in Cicero, Berwyn, Oak Park, Stickney, or anywhere in Illinois.
You Pay Nothing Unless We Win
We handle every wrongful death case on contingency. There are no upfront costs, no hourly fees, and no payment unless we recover compensation for your family.
Our office is at 350 N. Orleans Street, Suite 9000N, Chicago, IL 60654, in River North.
Why Do I Need a Cicero Wrongful Death Lawyer?
A wrongful death claim in Illinois involves complex legal procedures, filing deadlines, and insurance negotiations that no grieving family should have to manage on their own. The team of Cicero wrongful death attorneys at Kennedy Watkins can handle the entire legal process while you focus on your family.
Families who work with a lawyer recover significantly more than those who try to deal with insurance companies alone, according to extensive research published by Forbes. More than nine out of ten people with legal representation received compensation, compared to just five out of ten who negotiated their own claims.
Even after attorney fees, represented families recovered nearly three times more compensation.
Insurance companies do not pause their cost-cutting tactics because a family is grieving and vulnerable. They assign adjusters, gather evidence to limit payouts, and make early settlement offers that rarely reflect the true value of what your family has lost. Our wrongful death lawyers at Kennedy Watkins push back against every one of those tactics.
Understanding Wrongful Death Claims in Illinois
A wrongful death claim is a civil lawsuit that allows a family to seek compensation when someone dies because of someone else’s negligence, recklessness, or intentional misconduct. The defendant could be a person or some other entity, such as a business or government agency. The Illinois Wrongful Death Act (740 ILCS 180) governs these claims.
The law applies when the deceased person would have been able to file a personal injury lawsuit had they survived. Common situations that give rise to wrongful death claims in and around Cicero include:
- Fatal car, truck, and motorcycle crashes on Cicero Avenue, Cermak Road, the Stevenson Expressway (I-55), the Eisenhower Expressway (I-290), and other busy Cicero streets and highways
- Pedestrian deaths caused by negligent drivers
- Fatal workplace and construction accidents
- Deaths from nursing home abuse or neglect
- Medical malpractice that causes a patient’s death
- Fatal apartment fires caused by landlord negligence
- Defective product injuries that result in death
Each of these cases requires a different legal strategy. The Kennedy Watkins team of Cicero wrongful death lawyers can evaluate the facts of your case and identify every responsible party.
Call Us 24/7: (312) 448-8181 | 350 N. Orleans St., Suite 9000N, Chicago, IL 60654 | Get in Touch With Us Today
Talk to a Wrongful Death Lawyer
Who Can File a Wrongful Death Lawsuit in Illinois?
Illinois law requires that a wrongful death lawsuit be filed by the personal representative of the deceased person’s estate. The personal representative is typically named in the deceased’s will. If there is no will, the probate court in Cook County appoints someone to serve in that role.
The personal representative files the lawsuit, but the compensation goes to the surviving family members. Illinois law directs the recovery to the surviving spouse and next of kin, which generally includes:
- The surviving spouse or registered domestic partner
- Children of the deceased, including minor and adult children
- Parents of the deceased
- Siblings and other close family members, in some cases
A wrongful death attorney at Kennedy Watkins can help your family identify the right personal representative and guide you through the probate process so the claim can move forward without delays.
What Compensation Can My Family Recover in a Cicero Wrongful Death Case?
Illinois allows families to recover both economic and non-economic damages in a wrongful death case. The state does not limit wrongful death damages, which means the value of your claim depends on the specific losses your family has suffered.
| Economic Damages | Non-Economic Damages |
|---|---|
| Medical bills incurred before the death | Grief, sorrow, and mental suffering |
| Funeral and burial expenses | Loss of companionship and guidance |
| Lost income and future earning capacity | Loss of parental care for minor children |
| Loss of household services | Emotional pain of surviving family |
| Loss of benefits like health insurance and pensions | Loss of consortium for the surviving spouse |
Illinois also allows punitive damages in wrongful death cases when the defendant’s conduct was especially reckless or willful. Punitive damages are not available in medical malpractice wrongful death cases or claims against government entities.
Since 2015, Illinois law has specifically allowed families to recover damages for grief, sorrow, and mental suffering. This change recognized what families have always known: the emotional toll of losing someone you love has real, lasting value.
Our Cicero wrongful death lawyers at Kennedy Watkins work with economists and vocational experts to calculate the full lifetime financial impact of your loss, and we make sure the emotional toll is fully reflected in your claim as well.
How Long Do I Have to File a Wrongful Death Claim in Illinois?
Illinois gives families two years from the date of death to file a wrongful death lawsuit. This deadline is strict. If you miss it, the court will dismiss your case regardless of how strong your evidence is.
Claims against a government entity, such as the Town of Cicero, Cook County, the Chicago Transit Authority (CTA), or a public hospital, are subject to a one-year deadline.
Some government entities also require you to notify them in writing within months of the death before you can file a lawsuit. Our Cicero wrongful death attorneys at Kennedy Watkins can identify which deadlines apply to your case and keep your case within the required timeframes.
Protecting your family’s rights is one of the most important things we can do for you right now. Our Cicero wrongful death attorneys at Kennedy Watkins will handle the paperwork and deadlines so you can focus on what brings you comfort and helps you rebuild.
What Is the Difference Between a Wrongful Death Claim and a Survival Action in Illinois?
A wrongful death claim and a survival action are two separate legal claims that can arise from the same death. They serve different purposes and compensate for different losses.
A wrongful death claim compensates the surviving family for their losses, such as lost income, companionship, and grief. A survival action, governed by the Illinois Survival Act (755 ILCS 5/27-6), compensates the deceased person’s estate for the pain, suffering, and losses the person experienced between the time of their injury and their death.
| Wrongful Death Claim | Survival Action |
|---|---|
| Filed by personal representative | Filed by personal representative |
| Compensates the surviving family | Compensates the deceased’s estate |
| Covers lost income, grief, and companionship | Covers pain and suffering before death |
| Two-year deadline from the date of death | Same deadline as the underlying injury claim |
In many cases, families can and should file both claims at the same time to recover the maximum compensation. A wrongful death attorney at Kennedy Watkins can advise you on whether both claims apply in your situation.
Talk to a Cicero Wrongful Death Lawyer at Kennedy Watkins Today
If your family has lost someone because of another person’s negligence, our attorneys at Kennedy Watkins are here to listen, answer your questions, and help you figure out the right path forward. We will handle every legal detail with the care and sensitivity your family deserves.
Call (312) 448-8181 or get in touch with us today for a free, confidential consultation. We are available around the clock and will come to you.
FAQ
About Wrongful Death Claims
What is Wrongful Death in Illinois?
Wrongful death is a legal theory based on another person’s negligent or intentional act that takes the life of another person. Generally speaking, the family members of the deceased can file a claim against the negligent person. Essentially, if a deceased person would have legal grounds to file a claim against the negligent party, family members can file a wrongful death claim.
How are Wrongful Death Settlements Paid?
In most cases, the insurance company that provides liability coverage for the negligent party pays the plaintiff (the family or the estate) the settlement amount that was negotiated between the attorneys. Plaintiffs may receive a lump sum amount minus attorney fees and expenses, or they may receive monthly or yearly payments through a structured settlement.
Who Can Legally Sue After a Wrongful Death in Illinois?
The surviving family members or the estate of the decedent have the legal right to file a wrongful death claim against the responsible party. In Illinois, a wrongful death lawsuit must be brought by a surviving family member who has been appointed by the court as a representative of the decedent’s estate. Surviving spouses, children, parents, and siblings may be considered next of kin who are entitled to share in any damages that are awarded. The specific next of kin will depend on the family situation. For example, a sibling would be considered a next of kin if the person who died did not have any children, but would not qualify if the deceased person had children.
How to Prove a Wrongful Death Claim?
Like other personal injury cases, you must prove certain elements of a wrongful death claim. These are as follows:
- The death of the victim was caused by the accident outlined in the wrongful death claim,
- The accident was caused by the negligent or intentional acts of the defendant,
- Surviving family members or the estate of the victim have been directly impacted by the death of the decedent, and
- The survivors and the estate have suffered losses due to the wrongful death.
Who Receives the Damages from a Wrongful Death Claim?
If the decedent did not have any children but they did have a surviving spouse, the spouse would receive 100 percent of the damages from a wrongful death claim. If the decedent had a surviving spouse and children, any damages awarded would be divided between them.
Are Wrongful Death Damages Taxable?
In most cases, no. The Internal Revenue Service (IRS) does not place taxes on personal injury damages that are compensatory. Compensatory damages are those that compensate the decedent’s family members for their losses. However, if punitive damages are awarded, the IRS will place a tax on those.
What Damages are Available in a Wrongful Death Claim?
Loss of society and grief and sorrow are available in wrongful death cases in Illinois. Loss of society refers to the loss of love, comfort, affection and guidance experienced by the surviving family members. If the decedent provided financial support to the family members, lost economic support would also be an element of damages.
How Long Do I Have to File a Wrongful Death Claim?
Like other personal injury cases, you must file a wrongful death claim within two years of the decedent’s death. It is important to note that the statute of limitations, or time limit, starts ticking on the date of the death and not the date of the accident. If you do not file within this time, you will lose your right to claim any damages at all. In some circumstances, such as a case against the City of Chicago or other local governmental entity, the statute of limitations is one year.
TESTIMONIALS
Kennedy and Watkins were referred to myself and my husband by another attorney. From the very first conversation we knew we made the right choice. Everything was always communicated from the beginning to the end which made the process smooth and in the end we were extremely satisfied with the results of our case.
– Trena L. Wallace
Highly recommended! Jack was very attentive to my case after my accident and walked me through each step along the way clear and concise. My case was settled in a timely manner overall I was very pleased.
– Shelby Furcron
I’d want to mention that working with Mr. Kennedy was a pleasure because he was a huge help and support in my case. He was good at communicating and made sure that everything was crystal clear. He also had a great deal of empathy for the circumstances. I would recommend him to anyone who needs legal advice.
– Sheldon Henley
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