On August 28th, 2024, the Center Square reported that a group of claimants have filed a $58 million wrongful death lawsuit against the Illinois State Police (ISP). The lawsuit centers around the tragic 2022 mass shooting in Highland Park at the Independence Day celebration. Seven people were killed and many others were injured in the attack. Claimants argue that negligence on the part of the state police allowed the mass shooting to occur. Here, our Chicago wrongful death lawyer provides a more comprehensive overview of the case.
Background: Seven People Killed in Tragic 2022 Mass Shooting in Highland Park, Illinois
On July 4, 2022, a terrible mass shooting happened during an Independence Day parade in Highland Park, Illinois. It resulted in the deaths of seven people and injuries to dozens more. As reported by ABC 7 News Chicago, the shooter, a man identified as Robert Eugene Crimo III, had carefully planned the attack for many months. He was apprehended shortly after. He has since been indicted on numerous felony counts, including first-degree murder. The criminal legal proceedings are still ongoing and trial is currently set to begin in February 2025.
Wrongful Death Claims Allege Negligence By Illinois State Police
Beyond the criminal charges against the mass shooter, the Illinois State Police is also facing legal action over the 2022 Highland Park shooting. The claims—which have been brought by several grieving families in the Illinois Court of Claims allege that the law enforcement agency was negligent in handling the Firearm Owner’s Identification (FOID) card application of the shooter, Robert Crimo III. Despite apparent prior warnings and a “clear and present danger” report filed by local police in Highland Park 2019 following threats made by Mr. Crimo, he was still issued a FOID card. That card was subsequently used to purchase the firearm used in the massacre.
Notably, a FOID card is a document required in Illinois for the possession and purchase of firearms and ammunition. The card is issued by the Illinois State Police to qualified applicants after a thorough background check that assesses criminal history, mental health status, and other criteria. The purpose of the FOID card system is to ensure that people who are eligible to own firearms are legally recognized and that those who pose a potential threat do not gain access to firearms.
In the civil wrongful death lawsuit, the families contend that the oversight by the Illinois State Police contributed to a mass shooting that was both “predictable and preventable.” They argue that a systemic failure to maintain critical information in their databases was a key factor in allowing Mr. Crimo’s approval for the FOID card. As of early September of 2024, the wrongful death claims against the Illinois State Police are currently still pending.
Understanding Wrongful Death Laws in Illinois
The loss of a close family member to an attack is devastating. A wrongful death claim is a civil path to justice that may be available for grieving families in Chicago, Cook County, and elsewhere in Illinois in certain circumstances. Here are key points to know about our state’s wrongful death laws:
- A Type of Civil Claim: A wrongful death claim in Illinois is a civil lawsuit that allows the family of the deceased to seek damages for the death caused by someone else’s negligent or intentional actions. It is a separate and distinct legal action from any criminal case that may be brought regarding the same matter. The purpose of a wrongful death claim is to allow grieving family members to get justice and accountability. The primary remedy is financial support, including for funeral expenses, out of pocket costs, and loss of love, companionship, and consortium.
- Personal Representatives Act on Behalf of Surviving Family:In Illinois, a wrongful death lawsuit can only be initiated by the personal representative of the deceased person’s estate. The representative may be a close family member such as a spouse, parent, or adult child, or a person appointed by the court if no immediate family is available. They must act on behalf of the surviving family members and the estate, and any awarded damages are distributed according to the deceased’s will or Illinois’s intestacy laws.
- Liability Requires a Wrongful Act: For a wrongful death claim to be successful in Illinois, there must be evidence that the defendant’s wrongful act, negligence, or breach of duty caused the death. Proving liability involves demonstrating that the defendant owed a duty of care to the deceased, that the duty was breached, and directly resulted in the death. These are complex cases. A thorough investigation of any fatal accident or fatal incident is a must. A Chicago wrongful death lawyer can gather the evidence to prove liability.
- Special Process for Government Defendant: When the defendant in a wrongful death lawsuit is a government entity or employee in Illinois, special rules and procedures apply, including specific immunities and defense privileges. Claims against government defendants often require a different set of filing procedures, such as providing notice to the government entity involved before filing the lawsuit. In our state, these types of wrongful death cases must go through the Illinois Court of Claims.
Kennedy Watkins Fights for Justice for Grieving Families in Chicago
Going through a wrongful death case is hard. At Kennedy Watkins LLC, we are strong, experienced, and compassionate advocates for grieving families. Our Chicago attorneys are knowledgeable and committed to justice. With a proven record of verdicts and settlements in high-stakes cases, we have a deep understanding of the wrongful death claims process in Illinois.
Contact Our Chicago, IL Wrongful Death Lawyer Today
At Kennedy Watkins LLC, our Chicago wrongful death attorney is a compassionate, experienced advocate for grieving families. If you have any questions about a wrongful death case, get in touch with us for a free, confidential case evaluation. From our law office in Chicago, we represent families in wrongful death cases in Cook County and throughout the entire region in Northern Illinois.