Chicago Wrongful Death Lawyer
If you have lost someone you love because of another person's negligence, no words and no recovery can undo that. What the law can do is hold the responsible party accountable and ease the financial weight your family should never have had to carry. At Ori Law Group, Joe and Kristen Ori handle every wrongful death case personally — for families across Cook, DuPage, Will, and Kane Counties. There is no hurry, and there is no cost to talk.
Losing someone to another person’s negligence leaves a kind of grief that does not follow a schedule. We want to be clear at the outset: hiring a lawyer is not something you have to do today, this week, or before you have had time to begin grieving. When you are ready — and only then — we are here to help you understand what Illinois law allows, and to carry the legal weight so your family does not have to.
A wrongful death claim exists because the law recognizes that when negligence takes a life, the people left behind suffer real and lasting losses. Illinois provides two paths to recovery. The Wrongful Death Act (740 ILCS 180) compensates surviving family members for what they have lost — the income, companionship, guidance, and care your loved one would have provided. The Survival Act (755 ILCS 5/27-6) allows your loved one’s estate to pursue the claims they would have had, including the pain and suffering they endured and the bills incurred before their death. Most families have both claims, and we make sure neither is left on the table.
Because Illinois requires a wrongful death case to be brought by a court-appointed personal representative, the process can feel procedural at a moment when nothing about your loss is. That is part of what we handle. We help open the estate, appoint the representative, preserve the evidence before it disappears, and work with economists to fully and fairly value what your family has lost — so the responsible party, and their insurer, are held to account.
If you have just lost someone, take whatever time you need. When you are ready to talk, there is no intake screener and no script waiting for you — Joe or Kristen will answer the phone personally. The conversation is free, it is confidential, and there is no upfront cost to move forward.
Attorney advertising. Prior results do not guarantee a similar outcome.
What to Do After Your Accident
- Take whatever time you need. Nothing here is urgent enough to come before grieving your loved one.
- Keep any records you already have — medical bills, accident or incident reports, and the responsible party's information.
- Do not sign anything or give a recorded statement to an insurer before speaking with an attorney.
- Make a note of anyone who witnessed what happened, while memories are fresh.
- When you are ready, talk to a lawyer about whether a personal representative needs to be appointed to bring a claim.
Common Causes & Types
- Fatal motor vehicle crashes — car, truck, motorcycle, pedestrian, and bicycle collisions caused by negligent or reckless driving.
- Medical negligence — surgical errors, misdiagnosis, anesthesia mistakes, and medication errors that turn fatal.
- Unsafe premises and conditions — falls, structural failures, and dangerous conditions a property owner failed to fix.
- Workplace and construction incidents — falls from height, equipment failures, and unsafe job sites.
- Defective products — vehicles, machinery, and consumer goods that fail and cause fatal injury.
Who Can Be Held Liable
- The at-fault individual whose negligence caused the death
- An employer, when the at-fault party was acting within the scope of employment
- A property owner or manager who failed to keep the premises reasonably safe
- A manufacturer of a defective product, vehicle, or component
- A government entity, when a public agency or its employee was negligent
Illinois Law & Deadlines
Damages You Can Recover
- Loss of the financial support your loved one provided
- Loss of society, companionship, and consortium for a surviving spouse
- Loss of a parent's guidance, care, and moral training for surviving children
- Grief, sorrow, and mental suffering of the surviving next of kin
- Lost future income, benefits, and pension your loved one would have earned
- Conscious pain and suffering your loved one experienced before death (Survival Act)
- Medical expenses from the final injury or illness, and funeral and burial costs
How the Legal Process Works
- A free, confidential conversation
Joe or Kristen listens to what happened, answers your questions, and explains your options at no cost and with no pressure to decide anything.
- Investigation and appointing a representative
We preserve evidence, gather records, and, where needed, help open a probate estate so a personal representative can bring the claim.
- Building and presenting the claim
We work with economists and qualified experts to fully value your family's losses and present a demand to the responsible party's insurer.
- Negotiation or trial
We negotiate for full and fair compensation. If the insurer will not be fair, we are prepared to try the case before a jury.
| Wrongful Death Act (740 ILCS 180) | Survival Act (755 ILCS 5/27-6) | |
|---|---|---|
| Whose losses | The surviving next of kin's losses | The losses your loved one suffered before death |
| What it recovers | Lost financial support, loss of society and consortium, loss of a parent's guidance, grief and sorrow | Conscious pain and suffering, medical expenses, and lost wages between injury and death |
| Who files | The personal representative, on behalf of the next of kin | The personal representative, on behalf of the estate |
| Where recovery goes | Distributed among the surviving spouse and next of kin | Into the decedent's estate |
Who Can File a Wrongful Death Claim in Illinois
Under the Illinois Wrongful Death Act, a wrongful death claim is brought by the personal representative of the person who died — not directly by the grieving family members themselves. The personal representative is usually a spouse, adult child, parent, or other close family member appointed by the probate court.
Although the representative files the claim, any recovery under the Wrongful Death Act belongs to the surviving next of kin — typically the spouse and children first, and then other close relatives if there is no surviving spouse or child. If no representative has been appointed yet, we can help your family open an estate and have one appointed, so the claim can move forward.
The Wrongful Death Act and the Survival Act
Illinois recognizes two separate claims after a death caused by negligence, and most families are surprised to learn they often have both.
The Wrongful Death Act (740 ILCS 180) compensates the surviving next of kin for *their* losses — the financial support, companionship, guidance, and care they will live the rest of their lives without. The Survival Act (755 ILCS 5/27-6) lets the estate pursue the claims your loved one *would have had themselves* — including the conscious pain and suffering they endured, and the medical bills and lost wages between the injury and their death.
Pursued together, these two statutes account for the full picture of what was taken. We make sure neither claim is overlooked.
Pecuniary Loss in Illinois Is More Than Money
Illinois law measures wrongful death damages in terms of "pecuniary" loss, but that word is broader than it sounds. The law recognizes the real value of a spouse's companionship, a parent's guidance and moral training, and the everyday household contributions your loved one made — not only the wages they earned.
We work with economists to put a fair, well-supported number on these losses, so the value of a life is not reduced to a paycheck.
Why Choose Ori Law Group
Ori Law Group is a women-owned, two-attorney trial firm in Oak Brook. Joe and Kristen handle every wrongful death case personally — there is no junior associate, no call-center intake, and no script. When you call, you reach the lawyers actually working your family's case, and we prepare every matter to be tried, not just settled. Our firm has recovered more than $150 million for injured people and grieving families across Cook, DuPage, Will, and Kane Counties.
Case Results
Recovered for the wrongful death of an infant in an interstate trucking collision.
Recovered for the wrongful death of a victim of a highway trucking accident with disputed liability.
Recovered for the family of an inmate at a private out-of-state prison.
Prior results do not guarantee a similar outcome. See more results →
Frequently Asked Questions
What does it cost to hire Ori Law Group for a wrongful death case?
Nothing upfront. We handle wrongful death cases on a contingency basis, which means there is no upfront cost — you pay a fee only if we recover compensation for your family. Your initial consultation is always free and confidential.
Who is entitled to compensation in an Illinois wrongful death case?
Under the Wrongful Death Act, recovery goes to the surviving next of kin — generally the spouse and children first, and then other close relatives if there is no surviving spouse or child. The claim itself is filed by a court-appointed personal representative on their behalf.
What is the difference between a wrongful death claim and a survival action?
A wrongful death claim (740 ILCS 180) compensates the surviving family for their own losses, such as lost support and companionship. A survival action (755 ILCS 5/27-6) lets the estate pursue claims your loved one would have had themselves, including the pain and suffering they experienced and bills incurred before death. Many families have both.
How long do we have to file a wrongful death claim in Illinois?
In most cases, two years from the date of death (740 ILCS 180/2). Important exceptions apply: claims against a government entity have a shorter one-year deadline with notice requirements, deaths from a violent crime may allow a longer period, and the discovery rule can extend the deadline when the cause of death is found later. It is best to speak with a lawyer well before any deadline.
Can we still file a claim if our loved one was partly at fault?
Often yes. Under Illinois modified comparative fault, a family can still recover as long as your loved one was not more than 50% responsible for what happened. Any recovery is reduced by their share of fault. We can review the facts and explain how this applies to your case.
Are punitive damages available in Illinois wrongful death cases?
As a general rule, punitive damages are not available in Illinois wrongful death claims. A 2023 amendment to the Survival Act created a narrow exception that may allow them in limited circumstances. We will tell you honestly whether your case falls within it after reviewing the facts.
How long does a wrongful death case take?
It depends on the complexity of the case and whether it settles or goes to trial. Many cases resolve within roughly 12 to 24 months, though some take longer. We keep you informed at every step and never rush a resolution that shortchanges your family.
Will Joe or Kristen personally handle our case?
Yes. As a two-attorney boutique firm, Joe and Kristen work directly with you from the first conversation through resolution. Your case is never handed off to a junior associate.
Do we have to come to your Oak Brook office?
No. We can meet by phone or video, and we are glad to come to you — including at a home or hospital — when that is easier. We serve families throughout Cook, DuPage, Will, and Kane Counties.
Legally reviewed by Joseph and Kristen Ori · Last reviewed June 24, 2026. This page is attorney advertising and is for general information only — it is not legal advice and does not create an attorney–client relationship.
When You're Ready, Joe or Kristen Will Answer the Phone
There is no hurry and no cost to talk. Call (312) 621-0000 for a free, confidential conversation.