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  • Best Law Firms
    Best Law Firms

    Power Rogers & Smith has not only been honored with one Best Law Firms designation, but five!

  • Inner Circle of Advocates
    Inner Circle of Advocates

    This is a rare and exclusive legal honor limited to the top 100 attorneys in the US, and we are proud to have three of our attorneys included.

  • American College of Trial Lawyers
    American College of Trial Lawyers

    Membership in this organization is invitation-only, and extended only to the very best trial lawyers who display the highest degrees of professionalism and ethics.

  • Best Lawyers in America
    Best Lawyers in America

    All three of our firm’s partners have been included in the list of The Best Lawyers in America for exceptional representation of plaintiffs in cases.

  • International Academy of Trial Lawyers
    International Academy of Trial Lawyers

    Membership is invitation-only and only extended after a careful vetting process during which lawyers are evaluated on criteria such as experience and integrity.

  • Law Dragon
    Law Dragon

    Lawdragon recognizes the top attorneys in the nation based on a process of law firm nominations, votes and comments from legal professionals, and editorial research.

  • Illinois Super Lawyers
    Illinois Super Lawyers® Top 10 Lawyers

    Super Lawyers® is a prestigious rating services that recognizes the top 5% of attorneys in each state based on a process of peer review and independent research.

Illinois Wrongful Death Statute of Limitations

Per 740 ILCS 180/1, there is generally a two-year statute of limitations on wrongful death actions. While true in many cases, certain entities are entitled to statutory immunities. For example, a case against the Chicago Transit Authority (CTA) resulting in death would need to be brought within one year of the death. If you lost a loved one through negligence or wrongdoing and you are unsure if you still have time to file a wrongful death action, we encourage you to contact our Chicago wrongful death attorneys directly.

Why is there a statute of limitations?

The purpose of the statute of limitations as it refers to tort law is to facilitate a swift resolution to cases involving wrongdoing. The statute of limitations ensures two main things:

  • That plaintiffs with valid cases pursue them with reasonable diligence
  • That both parties do not lose valuable evidence (the more time passes, the more likely this becomes)

How Statutes of Limitations Protect Evidence

Having a statute of limitations in place actually benefits the plaintiff, because the sooner a case is investigated, the more reliable the evidence will be. Over time, documents get lost and people forget the details. For this reason, the sooner you contact an attorney about your wrongful death action, the better.

Elements of a Wrongful Death Claim

Once you determine that you have not exceeded the statute of limitations for filing a wrongful death claim, your attorney can begin to establish the following elements that every wrongful death claim must have:

  • Duty of the defendant to the decedent
  • Breach of that duty
  • Breach proximately caused the death of the decedent
  • Pecuniary damages resulted to next of kin, as defined by the Act

You may still have many unanswered questions as it pertains to wrongful death, so we encourage you to contact a Chicago wrongful death lawyer at our firm for the answers you need. We are available for free consultations, so call (312) 313-0202.

  • Experience

    Since 1993 when we first opened the doors of our law practice, Power Rogers & Smith has handled some of the largest personal injury cases for plaintiffs in the state of Illinois – and won. With our experience, we aren’t afraid to stand up to large corporations and insurance companies in court.

  • Success

    Power Rogers & Smith has won more than $4 billion in verdicts and settlements for its clients – that’s $800 million more than our closest competitor since 2000. These results include many record-setting and regulation-changing outcomes as well, including a $100 million settlement for victims of a trucking accident – Illinois’ largest injury award to a single family.

  • Contingency Fee

    Victims of tragic and life-altering accidents are suffering – physically, emotionally, and financially. We take the financial burden off victims by working on a contingent fee. This means that you do not pay unless/until we secure a financial recovery for you. You focus on healing. We’ll take care of the rest.

Get The Representation You Need

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Questions About Wrongful Death Cases

  • What is Considered “Wrongful Death”

    A: A wrongful death case is a tragic event when a loved one dies due to someone else's wrongful negligence.

  • Is a Wrongful Death Case a Criminal Case?

    A: No. A wrongful death case is allows the plaintiff to obtain money damages from those responsible for the death of a loved one.

  • What Kind of Attorney do I Need?

    A: Wrongful death cases can be complex and difficult to navigate. It’s imperative that you seek out a skilled attorney who specializes in this area of law.