East Moline sits on the bend in the Mississippi that gave The Bend its name. Between the Interstate 80 truck corridor and the manufacturing work East Moline runs on, an ordinary day can turn deadly fast in this corner of Rock Island County. When it does, and it’s someone else’s fault, an East Moline wrongful death lawyer at Winstein, Kavensky & Cunningham can help your family hold the responsible party accountable.
No settlement brings back the person you lost. Most fatal incidents around here weren’t freak accidents, and your family shouldn’t be left carrying the bills and the funeral costs because of someone else’s negligent or reckless actions. Call (309) 794-1515 to schedule a free consultation with one of our East Moline injury lawyers.
Common Causes of Wrongful Death in East Moline
Fatal claims in our area tend to trace back to a handful of familiar failures:
- Car crashes
- Pedestrian accidents
- Bicycle collisions
- Motorcycle accidents
- Fatal workplace accidents
- Defective products
- Medical malpractice
- Boat accidents
Determining the cause of a wrongful death helps your attorney find the liable party. Once the cause and liable party are determined, your lawyer can find out which insurance policies apply.
What Is Wrongful Death and Who Can File in Illinois
Wrongful death is a type of personal injury claim that allows a family to sue for the loss when a death results from someone’s wrongful act, neglect, or default, meaning conduct that would have supported an injury lawsuit if your loved one had survived.
Under the Illinois Wrongful Death Act, 740 ILCS 180, only the personal representative of the estate can bring the lawsuit, usually the executor named in a will or an administrator appointed by the probate court, with the case running through the Fourteenth Judicial Circuit at the Rock Island County Courthouse. The representative files on behalf of the surviving spouse and next of kin, who are the ones the compensation is meant to benefit. Most wrongful death cases also include a companion Survival Act claim, 755 ILCS 5/27-6, covering what your loved one endured before death.
The wrongful death statute of limitations Illinois sets is generally two years from the date of death, not the date of the accident. Claims against a government body face much shorter notice requirements.
Why You Need an East Moline Wrongful Death Lawyer
For a successful wrongful death claim, your attorney will:
- Gather evidence related to the claim, including eyewitness accounts, surveillance footage, medical records, photos and video of the accident scene, etc.
- Work with accident reconstruction specialists, if needed
- Pushing back when the defense tries to pin fault on the person who died, which matters because Illinois bars recovery for any beneficiary found more than 50% responsible
- Coordinating probate so the estate is opened and the representative is appointed on time
- Negotiating with adjusters, who tend to stall once a claim gets expensive
Early offers get priced to close the file before anyone calculates a lifetime of lost income. If you want a sense of the playbook, read what we’ve written about what to do when an insurance company refuses to pay.
Compensation an East Moline Wrongful Death Lawyer Can Recover
Illinois lets surviving family members pursue damages that reflect both the financial and the human cost of the loss:
- Funeral and burial expenses
- Medical bills incurred before death
- The income and benefits your loved one would have earned
- Loss of consortium, meaning the loss of companionship, guidance, and society
- Your loved one’s own conscious pain and suffering before death, through the Survival Act
Illinois law also allows punitive damages where the conduct was especially reckless or egregious. Those aren’t awarded often, but where they apply, they can change a case considerably.
FAQS: Illinois Wrongful Death Claim
What is the Illinois wrongful death statute of limitations?
Under 740 ILCS 180/2, the time limit is two years from death, but government entities and medical negligence cases may have different time limits.
Do we need to go through probate before filing?
Only if no one has been appointed to represent the estate, the claim has to come from the personal representative; so if the court already named an executor or administrator, probate is done, and the case can proceed. If not, we will help you navigate the probate process.
What if my loved one was partly at fault?
Illinois reduces damages in proportion to the fault assigned, and recovery is barred only if a beneficiary is found more than 50% responsible.
What does it cost to hire a wrongful death lawyer?
It costs nothing up front. We take these cases on contingency, so you owe us no fee unless we recover money for your family.
Talk to an East Moline Wrongful Death Lawyer Today
Evidence doesn’t wait for a family to finish grieving, so we start working the moment you call. The Illinois personal injury attorneys at Winstein, Kavensky & Cunningham bring over 120 years of combined legal experience to every case. Unlike firms that push a fast settlement, we’re prepared to take your case to trial.
We’re a local Quad Cities firm, so you’ll meet face-to-face with your own attorney instead of handing your case to a call center. When you’re choosing an East Moline fatal accident lawyer, that matters more than a directory listing or an out-of-town name you found in a search result.
Wrongful death claims are handled on a contingency fee basis, meaning you pay nothing unless we win. To speak with an East Moline wrongful death attorney, call (309) 794-1515, reach us on LiveChat, or fill out our free consultation form.