Who may bring a claim
Under Illinois' Wrongful Death Act (740 ILCS 180), the claim is brought by the personal representative of the person who died, often a family member appointed to that role, and any recovery is for the exclusive benefit of the surviving spouse and next of kin. A related survival claim can address what the person endured before death. These cases are legally and factually complex, and they deserve careful, personal handling.
Paul M. Marriett approaches wrongful-death matters with the sensitivity the loss demands and the diligence the law requires.
What a claim can address
Recovery may include medical and funeral expenses, lost financial support, and the loss of the relationship itself. Illinois is notable here: the Wrongful Death Act expressly allows damages for the family's grief, sorrow, and mental suffering (740 ILCS 180/2), and Illinois places no statutory cap on what a jury may award in these categories. Paul will walk your family through what applies.
Two claims after a wrongful death
Illinois law often recognizes two related but separate claims after a death caused by negligence, and it helps to understand the difference:
- The wrongful-death claim belongs to the surviving family and addresses their loss — lost support and the loss of the relationship.
- The survival claim stands in for the person who died and addresses what they endured — such as medical expenses and the pain and suffering before death.
Handled together, the two claims tell the full story of what the negligence caused. Paul M. Marriett explains which apply to your family's situation.
Situations that lead to a wrongful-death claim
A wrongful-death claim can arise whenever another party's negligence causes a death. The circumstances Paul most often sees include:
- Fatal car, truck, and motorcycle crashes;
- Pedestrian and bicycle fatalities;
- Deaths caused by unsafe property conditions;
- Neglect or abuse in a care facility.
Whatever the cause, the work is the same: establish what happened, who is responsible, and the full extent of the family's loss.
Time limits, handled with care
The deadline is shorter than most people expect. Illinois generally allows two years from the death to bring a wrongful-death claim (740 ILCS 180/2). When the claim is against a local public entity or its employee — a CTA vehicle, a city crew — the deadline is generally just one year (745 ILCS 10/8-101).
Because the shorter deadline applies to exactly the situation most families face, it is worth confirming your timeline early — even if you are not ready to decide anything else. Evidence is easier to preserve early, too. None of that changes the fact that grief comes first; Paul M. Marriett is glad to have an initial conversation whenever a family is ready, and there is no pressure to decide anything on the spot.
What a case costs
Cases like this are handled on a contingency-fee basis: no hourly bills, and the attorney fee comes out of any recovery. Clients may be responsible for litigation costs and expenses regardless of outcome — Paul M. Marriett explains exactly how that works, in writing, before you sign anything.
Frequently asked questions
Who can file a wrongful-death claim in Illinois?
The claim is filed by the personal representative of the person who died (740 ILCS 180/2), often a spouse or adult child appointed to that role, and any recovery goes to the surviving spouse and next of kin. Paul can explain who holds the claim in your family's situation.
How long do we have to bring a wrongful-death claim?
Illinois generally allows two years from the death (740 ILCS 180/2). If the claim is against a local public entity or its employee — a CTA vehicle, for example — the deadline is generally one year under the Tort Immunity Act. It is worth confirming your family's timeline early, even if you are not ready to decide anything else.
What can a wrongful-death claim recover?
Depending on the facts, recovery may include medical and funeral expenses, lost financial support, and the family's grief, sorrow, and mental suffering — which the Illinois Wrongful Death Act expressly allows (740 ILCS 180/2), with no statutory cap. Paul will walk you through what applies.
Is a wrongful-death claim the same as a criminal case?
No. A wrongful-death claim is a civil matter brought by the family, separate from any criminal case the state may pursue. The two can proceed independently, and one does not depend on the other.
Will we have to go to court?
Many claims resolve without a trial, but a case that is prepared as if it may go before a jury is taken more seriously. Paul handles the process so your family can focus on each other.
How much does it cost to hire Paul for a wrongful-death case?
These cases are handled on a contingency-fee basis: no hourly bills, and the attorney fee comes out of any recovery. Clients may be responsible for litigation costs regardless of outcome, and Paul explains exactly how that works, in writing, before you sign.