Are Wrongful Death Claims Only for Car Accidents?

 Posted on April 28, 2025 in Wrongful Death

In 2023, traffic crashes killed more than three people every day in Illinois, for a total of 1,240 fatalities for the year. While wrongful death claims often stem from car, motorcycle, and large truck crashes, other kinds of fatal incidents can also qualify as grounds for eligible survivors to pursue compensation.

Several factors need to be considered to see if you qualify to bring wrongful death and survival actions in Illinois. Our knowledgeable Palatine wrongful death attorneys can tell you if you are eligible and help you seek maximum compensation.

How Do I Know If I Can File a Wrongful Death Claim?

Most wrongful death claims are based on proving that someone else’s negligence directly caused the death. In this legal context, negligence refers to careless behavior that endangers others. Negligence in car crashes, for example, could be speeding, following too closely, or distracted or drunk driving. Intentional acts, such as assaults, and defective or dangerous product liability could also be grounds to bring a wrongful death action.

The deceased cannot have been more than 50 percent at fault for the accident or incident that caused his or her death in Illinois. The decedent’s surviving spouse and children are typically the beneficiaries of wrongful death and survival actions. These claims can be filed by the personal representative of the victim’s estate.

If you believe you may qualify to file a claim, the best way to verify your eligibility is to call our office. One of our experienced lawyers can assess your situation and help you explore your legal options.

Are Wrongful Death and Survival Actions the Same Thing?

Although both types of claims originate after a death, each could provide different kinds of compensation. Sometimes, an accident is immediately fatal. However, some victims live hours, days, or weeks before passing. A survival action addresses the losses suffered by the deceased before his or her death. The proceeds should provide funds to pay for the victim’s medical treatment and property damage, along with compensation for intangible losses like pain and suffering. Funeral and burial expenses can be included in either a survival or wrongful death claim.

The victim’s immediate family also suffers various losses, such as:

• Loss of financial support and employment-related benefits
• Loss of inheritance
• Loss of services, companionship, guidance, and consortium

There is no way money can fill the empty space in your life that your loved one once filled. However, the money you could receive can stabilize your finances as you regain your footing, and it may also bring a sense of justice served to the liable party. Without the assistance of a competent attorney, you are not likely to obtain as much compensation as you deserve.

Call Our Dedicated Schaumburg, IL Wrongful Death Attorneys

When your loved one’s life is cut short by another party’s intentional act or negligence, you deserve compensation. Contact Newland & Newland, LLP today at 847-797-8000 or online to discuss your case with one of our skilled and compassionate Arlington Heights, IL personal injury lawyers. Your initial consultation is free of charge.