Losing a loved one to someone else's negligence is unlike any other injury. Illinois law provides two complementary remedies — the Wrongful Death Act (740 ILCS 180/) and the Survival Act (755 ILCS 5/27-6) — that allow surviving family members to recover for their own grief, sorrow, and lost support, and the estate to recover for the decedent's pre-death pain, suffering, and economic losses. Schwaner Injury Law has handled wrongful death cases arising from car and truck crashes, medical malpractice, workplace incidents, defective products, and criminal acts. We'll guide your family through every step. Free, confidential consultation 24/7.
Illinois law allows full recovery of both family-side and estate-side damages following a wrongful death:
Wrongful death cases require both legal skill and human compassion. David Schwaner has spent over two decades helping Chicago families through the most difficult moments of their lives — opening estates, preserving evidence, taking on insurance companies, hospitals, employers, and criminal defendants in civil court, and securing the recovery families need to move forward.
You pay nothing unless we win. We advance every cost — investigation, expert witnesses, court reporters, and trial expenses — so families never see a bill from our office.
The personal representative of the estate files under 740 ILCS 180/. Damages are distributed to the surviving spouse and next of kin (children, parents, etc.).
Loss of support, loss of society and companionship, grief and mental suffering, funeral expenses, plus the decedent's own pre-death medical bills and conscious pain and suffering through the Survival Act.
Generally 2 years from the date of death (740 ILCS 180/2). Different rules apply for medical malpractice and governmental defendants.
Yes. Civil cases proceed independently of any criminal prosecution and use a lower standard of proof.
Yes. There are no upfront fees and no charge unless we recover compensation for the family. We advance every cost.
Schwaner Injury Law offers free, confidential consultations 24/7. No fee unless we win. Tell us what happened and we'll guide you through the next steps with care — no obligation.
Available 24/7 · Free · No obligation · Confidential
From the first call through final settlement or verdict — here's exactly how David Schwaner stands beside grieving Chicago families.
We meet at our office, your home, or by video. You speak directly with David Schwaner. There is no cost and no pressure — just answers.
We help open the estate and have a personal representative appointed, then immediately preserve evidence — vehicles, scenes, devices, surveillance, medical records, witness statements.
We assemble a comprehensive demand package — economic loss reports, family testimony, expert opinions — and negotiate aggressively with insurers and defendants.
Most cases resolve at mediation or in pre-trial settlement. When the defense refuses fair value, David Schwaner takes the case to a Cook County jury.
Court approves distribution of the recovery to the spouse and next of kin under Illinois law. Our fee comes only from the recovery — there is zero out-of-pocket cost to the family.
Illinois has two complementary statutes that govern recovery after a fatal injury. Here's what every grieving family in Chicago should know.
Tens of millions recovered for injured Chicagoans and grieving families across Cook County and Illinois.
Two decades of wrongful death and catastrophic injury litigation in Cook County courts.
We meet families wherever they are — at home, by phone, or by video. Whenever you need us.
No upfront cost. We advance every investigation, expert, and trial expense.
Illinois-specific answers to the questions wrongful death families ask most. If your question isn't here, call (312) 635-4000 — David answers personally.
Under the Illinois Wrongful Death Act, 740 ILCS 180/, the lawsuit must be filed in the name of the personal representative of the decedent's estate. The damages recovered, however, are distributed to the surviving spouse and next of kin (children, parents, and others as set by Illinois intestacy law). If no estate has been opened, we routinely help families open one and obtain letters of office at no out-of-pocket cost.
Recoverable damages include loss of financial support, loss of society and companionship, grief, sorrow, and mental suffering of the surviving spouse and next of kin (per the 2007 amendment to 740 ILCS 180/2), and funeral and burial expenses. Through the companion Survival Act (755 ILCS 5/27-6), the estate also recovers the decedent's own pre-death medical expenses, lost wages, and conscious pain and suffering — and in qualifying cases, punitive damages where the conduct was willful and wanton.
Illinois generally requires wrongful death actions to be filed within 2 years of the date of death (740 ILCS 180/2). Different time limits apply for cases involving violent intentional conduct, medical malpractice (which has its own discovery rule and repose periods under 735 ILCS 5/13-212), and claims against governmental entities (often shorter notice and filing windows). Early consultation with counsel is essential to protect the family's rights.
Yes — and the cases are entirely separate. Criminal cases require proof beyond a reasonable doubt and result in conviction, fines, or incarceration. Civil cases require only a preponderance of the evidence and result in money damages for the family. Many wrongful death civil cases proceed regardless of whether the at-fault party is criminally prosecuted, and a criminal acquittal does not bar a civil recovery.
Settlement and verdict values vary widely based on the decedent's age, earnings, family composition, the strength of the liability evidence, and the available insurance and assets. Wrongful death cases involving young, working parents with dependent children often resolve in the millions. Cases with more limited economic loss can still reach significant value because the post-2007 amendment to 740 ILCS 180/2 allows juries to compensate the family directly for grief, sorrow, and mental suffering. We never quote a specific number until we understand the family's full situation.
Yes. Every wrongful death case is handled on a contingency-fee basis with no upfront fees and no charge unless we recover compensation for the family. We advance all litigation costs — investigators, expert witnesses, court reporters, exhibits, and trial expenses — so the family never sees a bill from our office. Call (312) 635-4000 anytime for a confidential, compassionate consultation.
Schwaner Injury Law represents grieving families throughout the Chicago metropolitan area including the Loop, River North, Lincoln Park, Hyde Park, Logan Square, Pilsen, Lakeview, Wicker Park, Bucktown, Rogers Park, Wrigleyville, Evanston, Oak Park, Skokie, Berwyn, Cicero, Naperville, Schaumburg, Aurora, Joliet, and throughout Cook, DuPage, Lake, Will, and Kane counties. Call (312) 635-4000 for a free consultation. Available 24/7, no fee unless we win.