Losing a loved one due to someone else's negligence is an unimaginable tragedy. While no lawsuit can bring them back, a wrongful death claim can provide financial security for surviving family members and hold the responsible party accountable. Wrongful deaths can result from car accidents, workplace hazards, medical malpractice, defective products, or criminal behavior. Illinois wrongful death lawsuits must be filed within 2 years of the death — contact Schwaner Injury Law today.
Every case is different, but victims of wrongful death may be entitled to recover:
David J. Schwaner has spent over a decade fighting for Chicago injury victims. With a 96% case recovery rate and more than $10 million recovered for clients, he brings aggressive, experienced representation to every case — from initial consultation through trial if necessary.
You pay nothing unless we win. David handles all case costs upfront, so you can focus on your recovery while he focuses on your justice.
Under the Illinois Wrongful Death Act, the personal representative (executor) of the deceased's estate files the claim on behalf of surviving family members — typically a spouse, children, and parents are the primary beneficiaries.
The wrongful death claim must be filed within 2 years of the date of death. There are very limited exceptions. Missing this deadline typically bars the claim permanently.
A wrongful death lawsuit is a civil case seeking monetary compensation. It is separate from any criminal prosecution — even if the responsible party is not criminally convicted, you can still win a wrongful death civil claim.
Yes. Illinois comparative negligence law allows recovery even if your loved one bore some responsibility, provided the other party was more than 50% at fault.
Simple cases may settle in 1–2 years. Complex cases involving multiple parties or disputed liability may take longer. David Schwaner will pursue the fastest possible resolution while maximizing your recovery.
Schwaner Injury Law offers free, confidential consultations 24/7. No fee unless we win. Tell us what happened and we'll tell you if you have a case — no obligation.
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From first call to final settlement or verdict — here's exactly how David Schwaner fights for wrongful death victims in Chicago.
We evaluate your wrongful death case at absolutely no cost. You'll speak directly with David Schwaner — not a paralegal or intake specialist — about what happened and what your case is worth.
We gather all critical evidence — police reports, medical records, surveillance footage, expert opinions, and witness statements. We send preservation letters immediately to prevent evidence from being destroyed.
We prepare a comprehensive demand package and negotiate aggressively with the insurance companies. We never accept lowball offers. Insurance adjusters know that Schwaner Injury Law is prepared to go to trial.
Most cases settle before trial for fair compensation. If the insurer refuses to offer what your case is worth, David Schwaner takes it to Cook County court and fights for a jury verdict. We don't stop until you're fairly compensated.
You receive your settlement or verdict. Our fee comes only from your recovery — zero out of pocket costs to you. No fee unless we win, guaranteed.
Understanding Illinois law helps you protect your rights. Here's what every wrongful death victim in Chicago needs to know before speaking with an insurance company.
David Schwaner has recovered over $15 million for injured Chicagoans — including wrongful death victims with cases just like yours.
Over 15 years handling wrongful death cases in Cook County courts. David knows the judges, the process, and how to win.
Call or text David Schwaner anytime — day or night. Injured victims don't keep business hours, and neither do we.
No upfront costs. No fees unless we win your case. We advance all litigation expenses so you can focus on healing.
Illinois-specific answers to the questions injured victims ask most. If your question isn't here, call (312) 635-4000 — David answers personally.
In Illinois, the Wrongful Death Act (740 ILCS 180) gives surviving family members 2 years from the date of death to file a wrongful death lawsuit. If the death resulted from medical malpractice, a 2-year discovery rule applies but there is still an absolute 4-year deadline from the negligent act. These deadlines are strictly enforced — contact an attorney immediately after losing a loved one to preserve your rights.
Under the Illinois Wrongful Death Act (740 ILCS 180/1), a wrongful death claim must be filed by the personal representative (executor or administrator) of the deceased's estate. The damages recovered are distributed to the surviving spouse and next of kin. If no estate has been opened, an attorney can help establish one. Surviving spouses, children, and dependent family members are the primary beneficiaries.
Illinois wrongful death damages include: the pecuniary (financial) loss suffered by surviving family members, loss of companionship and society, grief and sorrow (for surviving spouse and next of kin), as well as the deceased's pre-death pain and suffering through a survival action (755 ILCS 5/27-6). Economic damages include funeral expenses, lost financial support, and loss of household services. Illinois has no cap on wrongful death damages.
A survival action (755 ILCS 5/27-6) compensates the deceased person's estate for the pain, suffering, medical bills, and lost wages the victim experienced from the time of injury until death. A wrongful death claim compensates surviving family members for their own losses — grief, financial support, companionship. Both claims are typically filed together and can significantly increase the total recovery.
Yes. We handle all wrongful death cases on a contingency fee basis — no upfront costs, no fees unless we win. During this devastating time, the last thing your family should worry about is legal fees. David Schwaner will personally guide your family through every step of the process while fighting to hold the responsible parties accountable. Call (312) 635-4000 anytime, 24/7.
Schwaner Injury Law handles wrongful death cases throughout the Chicago metropolitan area including Chicago, Evanston, Oak Park, Skokie, Cicero, Berwyn, Naperville, Aurora, Joliet, Waukegan, Schaumburg, and throughout Cook, DuPage, Lake, Will, and Kane counties. Wherever you were injured in northeastern Illinois, David Schwaner can help. Call (312) 635-4000 for a free consultation. Available 24/7, no fee unless we win.