Award-Winning Chicago Personal Injury Lawyer - Securing Justice
for Illinois Injury Victims - Over $450 Million Recovered
At Rosenfeld Injury Lawyers, our dedicated Chicago wrongful death lawyer team has spent decades standing with grieving families in our city, holding negligent drivers, hospitals, nursing homes, and corporations accountable. Our team has secured significant compensation that not only relieves the financial strain after a tragedy but also delivers justice that helps families begin the long process of emotional healing. Contact us for a free consultation today!
$14,005,000 – Ironworker Fatal Fall in Chicago Construction Accident
We represented the family of Luis, a 42-year-old ironworker who tragically fell while installing steel beams at a new apartment complex on the Near West Side. The general contractor failed to provide proper fall protection and site supervision, leading to his death. The settlement reflected not only the dangerous work conditions but also Luis’s role as the primary wage earner for his wife and three children.
$12,333,000 – Medical Malpractice Wrongful Death at a Chicago Hospital
Our client Margaret died after hospital staff failed to recognize post-surgical complications following a routine procedure. The delay in treatment led to sepsis and her preventable death. The value of the case was significantly influenced by the clear medical records showing repeated missed warning signs and by expert testimony from top physicians.
$6,000,000 – Truck Driver Wrongful Death in Cook County
We secured justice for James, a long-haul truck driver who fell from the sleeper compartment of his cab while parked on I-55 outside Chicago. His employer failed to properly maintain the truck’s interior safety features, which contributed to his fall and fatal injuries. The settlement factored in the negligence of the trucking company and James’s history of supporting his two children.
$5,000,000 – Automobile Accident Wrongful Death Settlement
Our firm represented the family of Robert, who died as a passenger when a co-worker lost control of a vehicle after a work-related dinner in downtown Chicago. Alcohol consumption and unsafe driving contributed to the crash. Because Robert was only 33 years old and supporting a young family, the economic damages were substantial.
$4,565,000 – Construction Site Wrongful Death in Chicago
We represented the family of Anthony, a construction worker who fell through an unprotected skylight opening while repairing a roof on the South Side. The general contractor violated Chicago Building Code safety requirements, and the settlement reflected the company’s failure to follow basic fall-prevention standards.
$3,250,000 – Stillbirth Wrongful Death Due to Medical Malpractice
In partnership with co-counsel, we represented the family of Erica, whose unborn child died because hospital staff failed to perform an emergency C-section despite clear signs of fetal distress. This medical malpractice wrongful death settlement was influenced by both expert medical testimony and the hospital’s prior history of similar complaints.
At Rosenfeld Injury Lawyers, we are proud to be recognized as some of the best wrongful death attorneys in Chicago, trusted by families who need strength and advocacy after the most difficult loss imaginable.
Over the past 25 years, we have secured more than $450 million in verdicts and settlements for our clients, including wrongful death cases involving car crashes, medical malpractice, nursing home neglect, and workplace fatalities across Cook County.
With an AVVO Rating of 10/10, our commitment to excellence has earned us recognition from respected organizations, including:
In Illinois, a wrongful death occurs when a life is taken because of another party’s negligence, recklessness, or intentional misconduct. Under the Illinois Wrongful Death Act (740 ILCS 180/), the surviving spouse and next of kin have the right to pursue a wrongful death lawsuit to hold the responsible party accountable and to seek fair compensation for the losses caused by the death.
We have represented families in nearly every type of wrongful death accident.
We have handled wrongful death cases involving car, truck, motorcycle, pedestrian, and bicycle accidents throughout Chicago. From fatal crashes on the Dan Ryan Expressway (I-90/I-94) to pedestrian collisions in busy neighborhoods, we know how to prove liability and fight against insurance companies that try to minimize losses.
When a hospital or doctor makes a preventable error, the results can be fatal. We represent families in wrongful death cases involving surgical mistakes, delayed diagnoses, birth injuries, and medication errors at some of Chicago’s largest hospitals.
Too often, nursing home residents die prematurely because of inadequate care, malnutrition, falls, or untreated medical conditions. We hold Chicago nursing homes and corporate owners accountable when their neglect leads to wrongful death.
Chicago’s industrial corridors and construction sites can be dangerous when safety rules are ignored. We have represented families in wrongful death claims involving falls from scaffolding, electrocutions, heavy equipment accidents, and unsafe warehouse practices.
Manufacturers and distributors have a responsibility to keep consumers safe. We handle product liability wrongful death cases involving defective medical devices, unsafe machinery, and dangerous household products that lead to fatal accidents.
When property owners fail to maintain safe conditions, wrongful deaths can occur. Our firm has pursued premises liability claims involving falls through unsafe skylights, drownings at improperly supervised pools, and deaths caused by unsafe structures in violation of the Chicago Building Code.
Business and property owners can be held liable when poor security measures allow violent crimes to occur. We represent families in negligent security cases tied to assaults, shootings, and other preventable tragedies.
When a loved one’s life is cut short because of negligence, no amount of money can replace them. But under Illinois law, families have the right to recover compensation that eases the financial strain and recognizes the emotional toll of their loss. As experienced Chicago wrongful death lawyers, we guide families through what can be recovered under two key statutes
The Illinois Wrongful Death Act allows the victim’s surviving spouse and next of kin to seek damages for the impact the death has on their lives, including:
The Illinois Survival Act gives the deceased person’s estate the right to pursue damages that the individual could have recovered in a personal injury lawsuit if they had survived the accident, including:
By filing both a wrongful death claim and a survival action, we ensure families maximize the recovery available to them under Illinois law. We work with financial experts, medical specialists, and economists to fully document the losses and present them in court or at the negotiating table.
The average wrongful death payout in Chicago is $6,094,799, with a median of $2,750,000. Reported case values have ranged from as low as $125,000 to as high as $63,400,000.
The wide range reflects the fact that every wrongful death lawsuit depends on unique circumstances. Factors that typically influence case value include:
$100 Million Settlement – Cook County Administration Building Fire
In 2003, a fire broke out in the Cook County Administration Building in downtown Chicago, trapping several people in a stairwell with locked doors. Three individuals died of carbon monoxide poisoning, and many others suffered injuries. The families argued that poor evacuation procedures, lack of training, and design flaws all contributed to the tragedy. The case settled before trial for $100 million, with the City of Chicago and multiple building management and security companies contributing to the payout.
$79.8 Million Jury Verdict – Fatal Car Accident in Auburn Gresham
In 2020, ten-year-old DaKaria was killed when a Chicago police pursuit ended in a crash at 80th and Halsted. She was a passenger in a car driven by her father when officers, chasing another vehicle, struck them. The family alleged that the city and officers were negligent in how the pursuit was handled. The jury awarded $79.8 million in damages, including financial compensation for DaKaria’s death, her father’s injuries, and her brother’s emotional trauma.
$56 Million Jury Verdict – Medical Malpractice During Plastic Surgery
In 2019, Idalia, a 39-year-old mother of four, died after a cosmetic surgery procedure at a Chicago clinic. Her family alleged that the surgeon and anesthesiologist failed to recognize signs of internal bleeding, delaying life-saving treatment. Evidence showed hours of worsening vital signs before an ambulance was finally called. The jury awarded $56 million, reflecting both Idalia’s suffering and the devastating loss felt by her husband and children.
$42.4 Million Jury Verdict – Medical Malpractice Case at Advocate Condell Medical Center
Scott, a 45-year-old engineer, died at Advocate Condell Medical Center in Libertyville after the hospital failed to properly manage his withdrawal from a prescribed medication. Despite clear warning signs of distress, critical medications were delayed for hours, leading to respiratory arrest, hypoxia, and multi-organ failure. His wife, Robin, testified about their family life and his devotion to their two children. A jury found the hospital negligent and awarded $42.4 million, including compensation for loss of income, grief, sorrow, and loss of society.
$1.3 Million Jury Verdict – Fatal Cardiac Arrest Following Dental Procedure
In 2017, Catherine, a 68-year-old woman, suffered cardiac arrest after receiving a lidocaine injection during a dental exam at a Chicago office. The dentist failed to review Catherine’s medical history, did not have a proper emergency plan in place, and was unable to use an automated defibrillator when the crisis occurred. Catherine remained in a coma for five days before passing away. Her sister testified about Catherine’s close relationship with nieces and nephews, as well as her love for traveling. A Cook County jury awarded $1.3 million for loss of society, grief, sorrow, and suffering.
Pursuing a wrongful death lawsuit in Chicago is never simple. Families are already dealing with grief, and the legal system can feel overwhelming. At Rosenfeld Injury Lawyers, we know from experience that these cases often involve powerful defendants—corporations, hospitals, insurance companies, or even government entities—who will do everything they can to avoid responsibility.
Some of the biggest challenges families face include:
When families come to us, they get a team with decades of trial experience in the very courtrooms where these cases are decided. We know the judges, the defense strategies, and the steps necessary to build a case that stands up in court. Most importantly, we take the burden off grieving families so they can focus on healing while we focus on justice.
According to the Illinois Department of Transportation’s 2023 crash report, Chicago saw 101,023 total crashes, with 158 fatal crashes that killed 167 people. Many of these deaths involved pedestrians, bicyclists, and motorcyclists who are especially vulnerable on busy city streets like Western Avenue, Lake Shore Drive, and the Dan Ryan Expressway.
Workplace fatalities are also a persistent problem. OSHA data for the Chicago region shows that in just the first months of 2025, workers were killed in a wide range of incidents, including falls on construction sites, electrocutions, crushing accidents, asphyxiation, and even workplace violence. These tragedies often occur in Chicago’s industrial corridors, warehouses, and high-rise construction projects.
In Chicago, wrongful death lawsuits are governed by both Illinois statutes and local ordinances, along with key court decisions that shape how cases are handled.
At the state level, Illinois has two main statutes that work hand-in-hand:
In cases involving workplace fatalities, the Illinois Workers’ Compensation Act (820 ILCS 305/) comes into play. This law provides death benefits to dependents of employees killed on the job, though many families don’t realize they may also have the right to pursue a separate wrongful death lawsuit against negligent third parties, such as equipment manufacturers or subcontractors.
Local ordinances often become powerful evidence in proving negligence. For example, under the Chicago Municipal Code, Title 9, drivers must obey traffic safety laws, violations of which are often key in fatal crash cases.
Similarly, the Chicago Building Code, Title 14B, establishes strict construction and safety standards. When property owners or contractors cut corners, and a worker falls through an unprotected skylight or a tenant dies in a building fire, these code violations strengthen the family’s claim.
Beyond statutes and ordinances, Illinois courts have shaped how wrongful death cases are litigated. In the landmark case Murphy v. Martin Oil Co., 56 Ill. 2d 423 (1974), the Illinois Supreme Court confirmed that wrongful death and survival actions can move forward together. This decision ensures families are not forced to choose between seeking justice for their own losses or for what their loved one endured—they can pursue both.
Finally, many wrongful death cases in Chicago intersect with federal law. OSHA regulations govern workplace safety, and violations are often central in construction and industrial accident cases. In fatal truck crashes on interstates like I-90 or I-55, the Federal Motor Carrier Safety Regulations (49 C.F.R.) set the standards for driver rest, vehicle inspections, and safe operation. Holding companies accountable under these rules often makes the difference in achieving justice.
One of the most difficult conversations we have with families is about timing. In the middle of grief, the last thing anyone wants to think about is filing paperwork or meeting court deadlines. Yet state law places strict time limits on when a wrongful death lawsuit can be filed, and missing those deadlines can mean losing the right to seek justice altogether.
In most cases, under the Wrongful Death Act (740 ILCS 180/2), families generally have two years from the date of death to bring a claim. That may sound like plenty of time, but investigations, expert reviews, and negotiations often take months—so we encourage families to reach out as soon as possible.
When the wrongful death involves medical negligence, the law is more complex. The Illinois statute of limitations for medical malpractice (735 ILCS 5/13-212) gives families two years from the date they discovered (or should have discovered) the malpractice, but never more than four years from the actual malpractice itself. For example, if a hospital error isn’t uncovered until months later in an autopsy or expert review, the family’s window to file may extend beyond the date of death.
There are also important exceptions. If the decedent was a minor, or if the defendant concealed the negligence through fraud, the courts may allow additional time. These exceptions can mean the difference between a valid case and one that gets dismissed before it’s ever heard.
That’s why acting quickly matters. We’ve seen too many families assume they have more time, only to find out their filing window closed. By contacting us early, our legal team can preserve evidence, meet deadlines, and ensure the case is properly filed in the Cook County Circuit Court, where most Chicago wrongful death claims are litigated.
L can fall on a wide range of individuals, businesses, and institutions. Our job as Chicago wrongful death attorneys is to identify every negligent party and hold them accountable in court. Here are some of the most common defendants in Chicago wrongful death claims:
In many cases, there is more than one responsible party. For example, in a fatal truck accident, we may bring claims against both the driver and the trucking company. In a hospital malpractice case, liability may extend to individual doctors, the hospital itself, and even third-party contractors.
Some of the most common defenses we face include:
We counter these defenses with evidence. Accident reconstruction experts, medical specialists, and engineers help us show exactly how the negligence led to the fatal outcome. In court, we connect the dots between the wrongful act and the victim’s death so juries understand why full accountability is required.
While every situation is different, there are several important steps that can make a major difference in the strength of a wrongful death lawsuit.
At Rosenfeld Injury Lawyers, we step in immediately to secure records, interview witnesses, and retain experts. Families can focus on grieving and healing, while we focus on making sure their loved one’s story is told in court.
When families come to us after a tragic loss, they are looking for more than just legal advice. They need a partner who will shoulder the burden, investigate what happened, and fight for justice in the courtroom. Here’s how our team helps.
We immediately begin gathering evidence, including accident reports, medical records, autopsy results, and witness statements. Our network of experts, from accident reconstruction specialists to medical professionals, helps us uncover the truth.
To fully capture the loss, we work with economists, vocational experts, and grief specialists. They help us show both the financial impact of the loved one’s death and the emotional void left behind.
We pursue compensation under every available legal theory, including the Illinois Wrongful Death Act and the Illinois Survival Act, to make sure no category of damages is overlooked.
Our team has decades of experience in the Circuit Court of Cook County, where most Chicago wrongful death cases are heard. We know how to navigate the local rules, judges, and defense strategies that can make or break a case.
While many cases resolve through settlement, we prepare every claim as if it will go to trial. This approach gives us leverage at the negotiating table and ensures we are ready to fight for the family in front of a jury if needed.
We work on a contingency fee basis, which means you pay nothing up front and no hourly bills. Our fee is only collected if we secure a settlement or verdict for your family. If we don’t win, you don’t owe us anything.
In Illinois, the personal representative of the deceased person’s estate is the one who files the lawsuit. This is usually the surviving spouse, but if no spouse is living, it may be an adult child, parent, or another next of kin. The lawsuit is filed on behalf of all surviving family members entitled to damages.
Yes. Illinois law allows families to bring both actions at once. A wrongful death action focuses on the family’s losses, while a survival claim seeks damages for what the deceased endured before passing. We almost always pursue both, so families don’t leave compensation on the table.
Like any negligence case, we must show four elements:
Illinois follows a comparative negligence law. This means your family can still recover damages as long as your loved one was not more than 50% at fault. Any recovery may be reduced by their percentage of fault.
Yes. A civil lawsuit for wrongful death is separate from any criminal charges. Even if the state doesn’t file for reckless homicide, involuntary manslaughter, or other charges, or if a defendant is acquitted in criminal court, we can still pursue justice on the civil side. The standard of proof is lower in civil court, making recovery possible even without a conviction.
In many cases, yes. Illinois law recognizes claims for the wrongful death of an unborn child when negligence—such as medical malpractice—causes the loss. We’ve handled cases where hospitals failed to perform timely interventions, leading to tragic outcomes.
Even if your loved one wasn’t working at the time of death, their contributions still matter. Courts recognize the value of parenting, caregiving, and household services. We work with experts to show the economic and emotional loss to the family.
Yes, under the Illinois Survival Act, the deceased’s estate can recover for pain, suffering, and medical expenses incurred before death. This is separate from the family’s right to recover for grief and loss of companionship.
unitive damages are rare in Illinois but possible when the defendant’s conduct is especially reckless or intentional, such as drunk driving or corporate cover-ups of safety violations. Their purpose is to punish the wrongdoer and deter others from similar behavior.
In Illinois, the court decides how the settlement is distributed among the surviving spouse, surviving children, or next of kin. The distribution is based on dependency and the relationship to the deceased. This process ensures fairness and avoids disputes among surviving family members.
At Rosenfeld Injury Lawyers, we know that no amount of money can replace the loss of a loved one. What we can do is stand beside your family, fight for accountability, and pursue the compensation you deserve to ease the financial and emotional burden. Every Chicago wrongful death case we handle is treated with compassion, urgency, and the full resources of our firm.
We offer free consultations to families across Chicago and Cook County. You’ll never pay anything up front, and we only collect a fee if we win for you. Time is limited under Illinois law, so taking action now is the best way to protect your family’s rights and preserve crucial evidence.
If you’ve lost someone because of someone else’s negligence, call our office today to speak directly with a dedicated Chicago personal injury lawyer. We are here to listen, guide you through your options, and fight for the justice your family deserves.
Our office, near the Richard J. Daley Center, Dirkson United States Courthouse, and the Chicago Workers’ Compensation Commission, offers convenient access from Aurora, Joliet, and Waukegan via I-90, I-94, and I-290.
225 W Wacker Dr #1660
Chicago, IL 60606
Phone: (847) 835-8895
Toll Free: (888) 424-5757
We also serve clients from Buffalo Grove, Chicago, Naperville, Springfield and throughout Illinois.
All content undergoes thorough legal review by experienced attorneys, including Jonathan Rosenfeld. With 25 years of experience in personal injury law and over 100 years of combined legal expertise within our team, we ensure that every article is legally accurate, compliant, and reflects current legal standards.