According to a report from CBS News, a wrongful death lawsuit has been filed by the family of a man who died from an asthma attack while in state prison in Illinois. Michael Broadway, a 51-year-old man, tragically passed away while in the custody of the Illinois Department of Corrections. He reportedly suffered an asthma attack in a very hot cell. His family is suing for wrongful death on the grounds that the prison failed to take proper action. Here, our Chicago wrongful death attorney provides a more comprehensive overview of the case, the allegations, and the law in Illinois.
Inmate Died in Illinois State Prison in June of 2024 (Asthma Attack)
As confirmed by National Public Radio (NPR) Illinois, Michael Broadway, a 51-year-old inmate at Stateville Correctional Center, died following an asthma attack during a severe heatwave. It is a maximum security prison located in Crest Hill in Will County, approximately an hour outside of Chicago. According to reports, the conditions inside the prison—where temperatures reportedly soared past 100 degrees—are alleged to be a significant factor in the death of the victim. Mr. Broadway had severe asthma. Yet, he had been denied a medical request to be moved to a lower, cooler area of the prison. Despite his pleas and the pleas of fellow inmates, there was a delayed response from prison staff.
The Family of the Victim is Suing for Wrongful Death
The family of Michael Broadway has filed a wrongful death lawsuit. Within this civil claim, they allege that the Illinois Department of Corrections and other defendants showed a negligent disregard for Mr. Broadway’s health, safety, and well-being. They contend that negligence was a direct contributing factor in this (preventable) death. Here are some key points raised in the wrongful death lawsuit:
- The Illinois Department of Corrections was aware that a major heat wave was coming and that many areas of the Stateville Correctional Center get extremely hot;
- The Illinois Department of Corrections was aware that Mr. Broadway has severe asthma and that he was at a heightened risk of respiratory distress;
- Despite pleas, the defendants failed to take preventive action to move Mr. Broadway to a cooler location to address his medical needs; and
- Staff at the Stateville Correctional Center failed to provide adequate, timely medical care—exacerbating his condition and contributing to his death.
An Overview of Wrongful Death Laws in Illinois
Did your family lose a close loved one to negligence? It is a terrible tragedy that no person should ever be forced to endure. The Illinois wrongful death laws exist to provide a path to justice and compensation for grieving family members. Here is an overview of key points to know:
- A Type of Civil Claim: A wrongful death lawsuit in Illinois is a civil action brought when a person’s death results from a wrongful act, negligence, or default of another. It is a cause of action that is intended to provide an avenue to seek justice and financial compensation for the survivors. In some cases, there may also be a related criminal case.
- Liability Based on Fault: In Illinois, the liability in a wrongful death lawsuit is based on fault. To hold another party responsible for a wrongful death, a plaintiff(s) must prove that their loved one’s death was caused by negligent actions/inactions of the defendants. A comprehensive investigation of a suspected wrongful death is a must. A Chicago, IL wrongful death lawyer can help your family gather all relevant evidence to prove fault.
- Only Certain Parties Eligible: An untimely death can adversely affect an enormous number of people. However, unfortunately, not everyone who had a close relationship to the victim has rights under the Illinois wrongful death laws. Only specific parties are eligible to file a wrongful death lawsuit in Illinois. The state statutes typically allow the deceased’s spouse, children, or next of kin to bring the claim. If you are not sure who should file a wrongful death lawsuit, an experienced Chicago, IL attorney can help.
- Damages Recoverable: Damages in a wrongful death claim in Illinois can include expenses related to the death—such as medical and funeral costs, lost wages and benefits, and the loss of future earnings. Further, the family can also seek compensation for grief, sorrow, and mental suffering they have endured due to their loss. Illinois law allows for the recovery of damages that reflect both the economic and non-economic impacts of the death on the surviving family members.
- Statute of Limitations: Wrongful death claims are time-sensitive legal cases. In Illinois, the statute of limitations for filing a wrongful death lawsuit is typically two years from the date of death. With that being said, there are some limited exceptions—such as if the cause of death was not immediately knowable. A proactive approach is key in wrongful death cases. Families should consult with a Chicago, IL wrongful death lawyer right away.
Why Trust Our Chicago Wrongful Death Lawyers
Wrongful death claims are extremely challenging for any family. These cases should always be handled with the absolute highest degree of professionalism, care, and sensitivity. At Kennedy Watkins LLC, our Chicago attorneys are compassionate and committed to fighting for justice. Our verdicts and settlements in complex cases demonstrate what we can do for grieving families. We will review your case for free, answer your questions, and help you and your family determine what needs to happen next to pursue justice and compensation.
Contact Our Chicago Wrongful Death Attorney for a Free, Confidential Consultation
At Kennedy Watkins LLC, our Chicago wrongful death lawyers represent grieving families with care, compassion, and a true commitment to justice. You do not have to take on the civil claims process alone. Call us now or get in touch with us online to set up a free, completely confidential initial consultation. With an office in Chicago, we handle wrongful death claims throughout the region, including in Cook County, Lake County, Will County, and DuPage County.