Losing someone you love is hard enough. When that loss came from someone else’s carelessness or a preventable mistake, the grief is often accompanied by a different kind of weight: knowing it didn’t have to happen. You may be replaying the days or weeks before the death, wondering what went wrong and whether anyone will be held responsible.
A Chicago wrongful death attorney can help you find those answers. Since 1984, Robert J. Rooth has represented families throughout Chicago and the surrounding area after the death of a loved one caused by someone else’s negligence. He works directly with each family, explaining what a claim can and can’t do and helping them decide what to do next.
If you’re searching for a Chicago personal injury attorney, call The Rooth Law Firm for a free consultation.
What Is a Wrongful Death Claim in Illinois?
A wrongful death claim is a civil case brought when someone dies because of another person’s negligence, recklessness, or wrongful conduct. Under the Illinois Wrongful Death Act, the claim compensates the surviving family for the impact of that loss, not to punish the responsible party as a criminal case would. If your loved one could have filed a personal injury lawsuit had they survived, their family generally has the right to pursue a wrongful death claim in their place.
These cases can arise from a single, sudden event, like a crash, or from an ongoing pattern of neglect that finally catches up with someone, as is often the case in nursing homes. Either way, the core question is the same: did someone else’s failure to act reasonably cause this death? That’s the question a Chicago wrongful death attorney sits down with you to work through, looking at what happened and whether your family has a valid claim.
Negligence Takes Many Forms. So Does Our Experience.
Wrongful death cases can stem from many different kinds of negligence. As a Chicago wrongful death attorney, Robert J. Rooth has experience with cases including:
- Nursing home abuse and neglect. Residents who are not properly monitored, medicated, or protected from falls, infections, or abuse can suffer fatal consequences. This is a significant focus of our practice, and we understand how often these deaths are preventable.
- Medical malpractice. Misdiagnosis, surgical errors, medication mistakes, and failures during childbirth can all lead to a preventable death when a healthcare provider doesn’t meet the accepted standard of care.
- Car accidents. Negligent or reckless driving remains one of the leading causes of fatal accidents in Chicago and throughout Illinois.
- Truck accidents. Collisions involving commercial trucks often raise additional questions about driver fatigue, improper loading, and whether a trucking company followed federal safety regulations.
- Motorcycle accidents. Motorcyclists face a much higher risk of fatal injury than passenger vehicle occupants, particularly when a driver fails to see or yield to a rider.
- Pedestrian accidents. Pedestrians struck by negligent drivers often suffer catastrophic injuries, especially in crosswalks, parking lots, and residential areas where drivers should be watching for foot traffic.
- Bicycle accidents. Cyclists sharing the road with cars and trucks are especially vulnerable when a driver fails to yield, passes too closely, or doesn’t see them at all.
- Slip and fall accidents. Fatal falls can result from hazardous conditions a property owner knew about, or should have known about, and failed to fix.
If your family’s situation doesn’t fit neatly into one of these categories, that doesn’t mean you don’t have a claim. Robert can talk you through what happened and help you understand your options.
A Lawyer Who Stays on Your Case From Start to Finish
Wrongful death cases often involve more than one insurance company, more than one legal theory, and sometimes more than one at-fault party. Families going through this need someone who stays close to the details, not someone who hands the case off to a rotating cast of associates. As a Chicago wrongful death attorney, Robert J. Rooth works directly with clients from the initial consultation through the resolution of their case.
Since 1984, Robert has represented individuals and families across Chicago after serious accidents and other acts of negligence, building a practice grounded in personal attention rather than volume. He takes the time to explain what the evidence shows, what a claim is realistically worth, and what to expect at each stage, so families aren’t left guessing while they’re already dealing with a loss.
Robert also understands that these cases are rarely just about the money. For many families, holding a negligent party accountable is part of finding closure, and he takes that seriously in every case he takes on.
If you need help after a loved one’s death, call our team. We are ready to get to work for you today.
CHICAGO WRONGFUL DEATH LAWYER
CALL US NOW 847-869-9100 What Compensation Can Your Family Recover?
Illinois law allows families to recover several types of damages in a wrongful death case, and most families are surprised by how broad this can be. Compensation may include the loss of the deceased’s income and financial support, the value of household services they would have provided, and the loss of companionship, guidance, and care they gave to their spouse and children. Families can also recover for the grief, sorrow, and emotional suffering caused by the death, along with funeral and burial expenses.
The exact value of a claim depends on factors like the deceased’s age, earning capacity, and relationship to the surviving family members. A younger parent with dependent children, for example, may represent a different level of loss than an older individual who was retired, though both losses are real and both are recognized under Illinois law.
Because these damages are meant to reflect what your family actually lost, not a fixed formula, it helps to talk through your specific circumstances with someone who has handled these cases before. A Chicago wrongful death attorney can give you a realistic picture of what your case may be worth once we understand the details.
Two Different Claims, Two Different Kinds of Loss
The damages above cover what your family lost after your loved one’s death. But if they suffered before they died, whether for hours or for months, Illinois law allows a separate claim called a survival action to address that, too. A survival action is brought on behalf of the deceased’s estate and covers losses the person experienced while still alive, such as their own pain and suffering, medical expenses, and lost wages between the injury and their death.
Many families don’t realize these are two distinct legal claims, often pursued together, until an attorney explains the distinction. Sorting out which damages belong to which claim, and making sure nothing is overlooked, is exactly the kind of detail a Chicago wrongful death attorney handles so your family doesn’t have to untangle it alone.
Grieving Is Hard Enough Without Fighting for Answers Alone
No amount of legal action can undo what happened to your family. But it can hold the responsible party accountable, and it can give you some of the answers you deserve.
Robert J. Rooth has spent more than four decades sitting across from families in the aftermath of a preventable death, and he understands that every case carries a story that goes beyond the paperwork. If you’re ready to talk about what happened to your loved one, a Chicago wrongful death attorney is here to listen and help you decide what comes next.
Frequently Asked Questions
Who Can File a Wrongful Death Lawsuit in Illinois?
In Illinois, a family member typically can’t file a wrongful death lawsuit directly, and the claim must be brought by the personal representative of the deceased person’s estate. If your loved one had a will, that document usually names an executor who can serve in this role. If there’s no will, the probate court will appoint someone, often a spouse or adult child, to act as personal representative.
This step can feel like an unnecessary hurdle when your family is already grieving, but it exists to make sure the claim is brought in an organized way and that any compensation is distributed properly. A Chicago wrongful death attorney can help you figure out your next steps and untangle these legal requirements.
How Long Do I Have to File a Wrongful Death Lawsuit in Illinois?
In most cases, Illinois law gives you two years from the date of your loved one’s death to file a wrongful death lawsuit. This deadline runs from the date of death itself, not the date of the underlying accident or injury. However, exceptions may apply depending on the details of the claim.
Because these exceptions are easy to misapply, it’s worth speaking with a Chicago wrongful death attorney as soon as possible, even if you believe you have time left.
How Is a Wrongful Death Settlement Divided Among Family Members?
Illinois law directs that money recovered in a wrongful death case go to the surviving spouse and next of kin, but it doesn’t guarantee an equal split. Instead, the court divides the proceeds based on each person’s degree of dependency on the person who died.