Wrongful Death

Wrongful Death Lawyers in Bloomington, Illinois

Losing someone you love is one of the hardest things a person can go through. When the death was caused by another person’s negligence or wrongful act, the grief is compounded by anger, confusion, and the very real financial weight of medical bills, funeral expenses, and a future that suddenly looks different than it did a week ago.

We understand that calling a law firm is probably not what you want to be doing right now. Our role at Koth Gregory & Nieminski is to handle the legal process so your family doesn’t have to think about it on top of everything else. We’ve been part of the Bloomington-Normal community for more than 35 years, and we take these cases seriously because we know what they really represent—not a file or a claim number, but a person who mattered.

If your family is facing this kind of loss, we are here when you’re ready to talk. Reach us at (309) 491-4595.

What Illinois Law Recognizes as Wrongful Death

A wrongful death claim arises when someone dies as a result of another party’s wrongful act, neglect, or default. The Illinois Wrongful Death Act (740 ILCS 180/1) governs these cases, and the underlying principle is straightforward: if the person who died would have had grounds to bring a personal injury lawsuit had they survived, their family may bring a wrongful death action on their behalf.

The Act exists for a specific purpose—to provide a measure of financial stability and accountability for the people the decedent leaves behind. A surviving spouse, children, parents, and other next of kin can suffer significant losses when a family member is taken suddenly. The law recognizes that those losses are real, even though no legal claim can replace the person who was lost.

Negligence is usually at the center of these cases. It means a person, company, or institution failed to act with the level of care a reasonable party would have shown in the same situation. That failure—whether on a roadway, in a hospital, at a workplace, or on someone’s property—must be the direct cause of the death.

Wrongful Death Claims vs. Survival Act Claims

Many families don’t realize that Illinois actually allows two related but distinct claims after a fatal accident: a wrongful death claim and a survival action under the Illinois Survival Act.

A wrongful death claim compensates surviving family members for their own losses—the loss of financial support, the loss of companionship, the emotional suffering caused by the death itself.

A survival action preserves the claim the decedent would have had against the at-fault party if they had lived. It covers things like the physical pain, medical treatment, and other harm the person experienced between the injury and their death. The recovery from a survival action goes to the deceased person’s estate.

Most cases involving a death involve both claims at once. The same negligent act gives rise to both, and they are often pursued together. Understanding the distinction matters because the two claims compensate different losses—and missing one means leaving recovery on the table that the family is entitled to.

A practical example: a person seriously injured in a car accident survives for several weeks before passing away from their injuries. The medical bills, lost wages, and physical pain from those weeks belong to the survival claim. The lost financial support, loss of companionship, and grief experienced by the surviving spouse and children belong to the wrongful death claim. Both flow from the same accident, but the damages are distinct, and the recovery is distributed differently.

Common Circumstances Behind Wrongful Death Cases

Wrongful death cases can arise from almost any situation in which one person’s negligence causes another’s death. In our practice, certain categories come up again and again.

The most common circumstances we see include:

  • Motor vehicle accidents. Fatal car accidents, truck collisions, and motorcycle crashes on roads like I-55, I-74, US-51, and the streets of Bloomington-Normal. Failure to follow traffic laws, distracted driving, impaired driving, and speeding are frequent contributors.
  • Medical malpractice. Deaths caused by surgical errors, misdiagnosis, medication mistakes, or other failures by medical personnel to meet the standard of care.
  • Workplace accidents. Fatal injuries on construction sites, in warehouses, or at industrial facilities—often involving safety violations or inadequate training.
  • Premises liability. Deaths resulting from dangerous conditions that property owners failed to repair or warn about.
  • Defective products. When a product fails because of a design or manufacturing flaw and causes a fatal injury.
  • Nursing home neglect. When a facility’s failure to provide proper care leads to a resident’s death.

Whatever the specific circumstance, our investigation begins with the same question: what happened, and who is responsible for it? Many families come to us with only a partial picture of how their loved one died. Part of our job is to fill in the gaps so that the people who are actually responsible are the ones who answer for it.

Who Has the Right to File a Wrongful Death Claim?

In Illinois, only the personal representative of the deceased person’s estate has the authority to file a wrongful death lawsuit. The claim is brought on behalf of the surviving spouse and next of kin, but they cannot file it directly themselves.

This rule comes from the Illinois Wrongful Death Act (740 ILCS 180/2) and is sometimes confusing for families who expect that any close relative can bring a claim. Here’s how it actually works:

  • If the decedent had a will, the executor named in the will typically serves as the personal representative.
  • If there was no will, the court appoints an administrator—often a surviving spouse or adult child.
  • Once appointed, the personal representative files the lawsuit on behalf of the surviving spouse and next of kin, which usually includes the decedent’s children and may extend to parents or siblings depending on the family situation.

Any compensation recovered through the lawsuit is then distributed among the surviving family members according to Illinois law. The personal representative does not keep the recovery for themselves; they hold and distribute it on behalf of the people the law is designed to protect.

If your family has not yet opened an estate or named a personal representative, we can help walk you through that step. It’s often one of the first practical things that needs to happen.

What Compensation May Be Available

A wrongful death claim is not about putting a price on a person’s life. The legal system has no way to do that, and we would never pretend otherwise. What the law can do is identify the financial and emotional losses the family has suffered and require the responsible party to compensate for them.

Recoverable damages under Illinois law typically include:

  • Funeral and burial expenses. The immediate costs that follow a death are often substantial and can fall on family members at the worst possible time.
  • Medical expenses. Any medical treatment the decedent received for their fatal injuries before they passed.
  • Lost financial support. The income, benefits, and other financial contributions the decedent would have provided to the family over the course of their lifetime.
  • Loss of companionship. The relationship, guidance, care, and protection the decedent provided to a spouse, children, or parents.
  • Grief, sorrow, and mental suffering. The emotional trauma surviving family members carry as a result of the loss.

Calculating these damages takes more than arithmetic. We work with economists, vocational experts, and other professionals when needed to project the long-term financial impact of the loss—what the decedent’s career would have looked like, what their household contributions were worth, what their family is now without.

The 2023 Changes: Grief Damages and Punitive Damages

Illinois wrongful death law changed significantly in 2023 with the passage of Public Act 103-0514. Two provisions are particularly important.

First, the Act clarified that grief, sorrow, and mental suffering are recoverable damages in wrongful death cases. Before this change, families could recover for loss of companionship but the emotional dimension of grief itself was not always explicitly recognized. The current law puts that question to rest.

Second, punitive damages are now available in wrongful death and survival actions in many cases. Punitive damages are not designed to compensate the family—they are designed to punish the defendant when their conduct was willful, wanton, or showed extreme disregard for human life, and to discourage similar conduct in the future.

There are important exceptions. Punitive damages are not available:

  • In cases involving medical malpractice
  • In cases involving legal malpractice
  • In claims against the state or units of local government

For families pursuing claims against negligent drivers, trucking companies, manufacturers, or other private defendants whose conduct was egregious, punitive damages may add a significant dimension to the case.

Why Acting Sooner Tends to Matter

In Illinois, the statute of limitations for a wrongful death claim is generally two years from the date of the decedent’s death (740 ILCS 180/2). If the death resulted from violent intentional conduct, the deadline may extend to five years from the date of death or one year after final disposition of any criminal case. If the person entitled to recover is a minor, they generally have until two years after turning 18 to file.

These deadlines matter, but so does the simple reality that evidence fades. Witnesses move. Surveillance footage gets overwritten. Vehicle data is overwritten or lost. Medical records can become harder to obtain. The earlier we can begin investigating, the stronger your case is likely to be when the time comes to make decisions about settlement or trial.

We are also mindful that families are often not ready to act in the days or weeks immediately after a loss—and that’s okay. We meet families where they are.

How Our Bloomington, Illinois Wrongful Death Lawyers Helps Families

Our role is to absorb the legal complexity so your family can grieve, heal, and rebuild without that weight on top of everything else. Specifically, we:

  • Investigate the circumstances of the death, including obtaining police reports, medical records, accident reconstruction analysis, and any available video or witness testimony
  • Work with experts when needed—medical professionals, economists, accident reconstructionists, and others whose analysis can establish what happened and what was lost
  • Identify every responsible party, which in many cases includes more than just the obvious one
  • Communicate with insurance companies on your behalf so adjusters are not contacting your family directly during a difficult time
  • Help you understand your options at each stage, including what settlement offers actually mean and whether they’re reasonable
  • Pursue accountability and fair compensation, through negotiation when possible and through trial when necessary

We try to be honest about what we can and cannot do. We will tell you what we think your case is worth and why. We will tell you when an offer makes sense to consider and when it doesn’t. Our Bloomington, IL wrongful death lawyers are not interested in dragging out cases or pretending certainty we don’t have—families dealing with grief deserve straight answers.

Questions Families Often Ask

How much does it cost to hire a wrongful death attorney?

Nothing upfront. Like other personal injury matters, we handle wrongful death cases on a contingency fee basis. You pay no legal fees unless we recover compensation for your family.

Do we have to go to court?

Many wrongful death cases settle before trial. We prepare every case as if it could go to court, because that preparation often leads to better settlements—but most families do not end up testifying in front of a jury.

What if the at-fault party was charged criminally?

A criminal case and a wrongful death civil case are separate. A criminal prosecution focuses on punishment of the defendant. A civil wrongful death claim focuses on compensation for your family. Both can proceed at the same time, and the outcome of one does not automatically determine the outcome of the other.

How long do these cases usually take?

It varies widely. Some cases resolve within a year. Others, particularly those involving multiple parties or contested liability, can take longer. We give families realistic timelines as cases develop.

Will I have to be involved in the case constantly?

No. We handle the legal work and keep you informed at meaningful points along the way. Some families want frequent updates; others prefer to step back. We respect whatever pace makes sense for your family.

What if we’re not sure whether we even have a case?

That’s a normal place to start. Talking with us doesn’t commit you to anything. We can listen to what happened, give you a candid assessment, and help you decide what makes sense as a next step.

Experienced Wrongful Death Attorney Here When You’re Ready

We know this isn’t a decision anyone makes lightly, and we know the timing is rarely good. Whenever you’re ready to talk, our team will listen carefully, answer your questions honestly, and explain what your family’s options are under Illinois law.

To reach our Bloomington office, call (309) 491-4595 or contact us through this website. We’ll take it from there.