Wrongful death is sadly one of the worst outcomes of an incident resulting from someone else’s negligence or intentional act. Any and all of the circumstances that apply to personal injury claims also apply to wrongful death if the incident results in the victim’s death; for example, they can arise from motor vehicle accidents, medical malpractice, construction injuries, etc.
With over 50 years combined experience, the Law Office of Martin L. Glink, provides personalized, high quality legal representation to aggressively protect the rights of our clients who are killed as a result of personal injuries or intentional acts. We have a proven track record of jury verdicts and settlements that we have obtained on behalf of such clients and understand what it takes to ensure that your rights are protected and that justice is served over the death of a loved one. This includes recovering wrongful death verdicts and settlements for those in Cook, Lake, DuPage, Kane, Will Counties and Federal Courts.
Under Illinois’ Wrongful Death Act, whenever the death of someone is caused by wrongful act or neglect, a surviving spouse or child (next of kin) may bring a personal injury claim and recover damages for it. (740 ILCS 180/). The law presumes substantial financial and supportive loss by surviving spouses and children (I.P.I. 31.04).
Illinois’ Survival Act is not a cause of action by itself, but it preserves causes of actions that occurred and happened before death for medical expenses, lost wages, loss of normal life, loss of consortium and pain and suffering. The decedent’s representative may recover damages for injuries sustained by the decedent prior to the decedent’s death. (755 ILCS 5/27-6).
Personal representatives of the decreased (wronged) party can bring a wrongful death action for the exclusive benefit of the surviving spouse and next of kin (of the deceased), including any adopted children (740 ILCS 180/2). If the decedent did not leave a surviving spouse or next of kin, the law allows an action to be bought to the exclusive benefit of:
The jury may award damages to those who survived the decedent as they deem fair and reasonable compensation for injuries resulting from wrongful death, including, but not limited to, grief, sorrow, and mental suffering.
In Illinois, contributory negligence cannot serve as a defense to wrongful death actions. However, the jury can reduce any damages collected on behalf of the decedent in proportion to any fault the decedent shared in the incident that led to their wrongful death. If the contributory fault of the decedent is more than 50 percent of the cause of their wrongful death, they are barred from recovering damages (740 ILCS 180/2).
Any wrongful death claim must be commenced within two years after the decedent passes. Claims against municipalities must be commenced within one year after death. Special circumstances may prolong the time for filing. This is the exception, not the rule (745 ILCS 10/8-101).
If your loved one has suffered from a wrongful death, contact our firm at (847) 394-4900 or online for a free consultation with one of our attorneys. You can also learn more about our firm here. We are here to listen and help.
Several years ago, I was involved in a very serious crash. While driving to work on the highway, a semi truck hit me. As a result, I hired Marty Glink to represent me. My case lasted over 6 years and Marty helped me through the entire event. When you think of a stereotypical personal injury lawyer, i.e. ambulance chaser, Marty couldn’t be further away from that description. He is one of the kindest, compassionate and empathetic people I have had the fortune to know. I sincerely feel no other lawyer would have defended me, as well as Marty did. He went above and beyond, not to mention, he always treated me with respect. I wasn’t just another ‘client’ to him, but rather a human being. My case was extremely complicated; however, Marty took care of everything that was necessary, in order to get to my settlement. He always took my calls, listened intently and never made me feel uncomfortable. Rather, he always put me at ease. He played an enormous part in my life for 6+ years and I do consider him a friend. If anyone I know ever needed a personal injury attorney, there would be absolutely no hesitation in recommending Marty. It is because of Marty, I have been able to get to where I am in life. Even though the crash has left me permanently disabled, I am sincerely happy.
Marty is a very knowledgeable and compassionate lawyer. He always made me feel at ease and guided me through the process. I don’t know how I would have gotten through all of it without him and the best part is we won my case!
I can’t thank you enough for the outstanding job you did on my case. You left no stone unturned and were totally thorough. Both my husband and I were so impressed with your detailed and comprehensive presentation in court as well as your very convincing arguments. We have told our family, friends and acquaintances of your handling of our case. We totally praised you and recommended that everybody should use your services when in need of a fine attorney. I hope you and your wife will be our guest for dinner on any evening convenient for you. We want to thank you and show you how much we appreciated what you did for us. Please keep in touch and let us know when you are available.
In 2009 my family and I decided to hire Marty as our attorney. We have known Marty quite some time before that and we’re very Comfortable with our decision. Our case was a prolonged one due to ongoing medical treatment. Marty showed great empathy during this frustrating time for both myself and my family. First and most importantly he would follow up with calls just to see how I was doing and would always keep me posted on any news that has happened. Marty is very detailed and is very organized. He kept his notes very organized. He seemed to always remember all the little details that he noted during the 5 years of my case. Marty was outstanding presenting himself to the judge during the pre-trials. Everything Marty predicted was spot on. His skills made the settlement a quick one once it got to pretrial. I can confidently recommend Marty and will ask for his representation if needed again.