WRONGFUL DEATH ATTORNEYS SERVING CENTRAL ILLINOIS

Experienced Representation for Families Who Have Lost a Loved One

Few experiences are more devastating than losing a family member because of someone else’s negligence or wrongful conduct. Beyond the emotional loss, families are often left facing substantial financial uncertainty and questions about how such a tragedy could have been prevented.

At Cusack & Gilfillan, LLC, we represent families throughout Central Illinois who have lost loved ones because of negligence, medical malpractice, dangerous conditions, defective products, and other wrongful conduct.

We understand that no amount of money can replace a loved one. However, Illinois law provides a means of holding responsible parties accountable and seeking financial compensation for the losses suffered by surviving family members.

Understanding Wrongful Death Claims in Illinois

Under the Illinois Wrongful Death Act (740 ILCS 180/), a wrongful death action may be brought when a person’s death results from conduct that would have entitled that person to maintain a legal action had the death not occurred.

The action is generally brought by the personal representative of the deceased person’s estate for the benefit of the surviving spouse and next of kin.

Depending on the circumstances, recoverable damages may include:

• Loss of financial support and future contributions.
• Loss of services the deceased would have provided.
• Loss of society, companionship, guidance, and the benefits of the family relationship.
• Grief, sorrow, and mental suffering experienced by surviving family members.

The nature and amount of compensation depend on the evidence, the relationships involved, and the particular circumstances of the case.

Wrongful Death and Survival Actions Are Different Claims

Illinois law also recognizes a separate cause of action under the Illinois Survival Act (755 ILCS 5/27-6).

While a wrongful death claim addresses the losses suffered by surviving family members, a survival action preserves certain claims that the deceased person could have pursued had they lived.

Depending on the circumstances, a survival action may permit recovery for conscious pain and suffering, medical expenses incurred before death, and other legally recoverable losses sustained by the deceased.

Medical, funeral, and burial expenses may also be recoverable through other appropriate claims, depending on who incurred those expenses and the applicable law.

A thorough evaluation of a fatal injury case requires consideration of each potentially available claim.

Experienced Trial Attorneys Fighting for Accountability

Wrongful death cases frequently involve complicated liability questions, disputed medical evidence, and insurance companies seeking to limit their financial exposure.

Our attorneys investigate the circumstances surrounding a death, preserve important evidence, consult qualified professionals when necessary, and prepare cases for litigation.

We believe families deserve straightforward answers, careful preparation, and attorneys willing to take a case to trial when a fair resolution cannot be reached.

Contact Cusack & Gilfillan

If you have lost a family member because of another person’s negligence or wrongful conduct, contact Cusack & Gilfillan, LLC to discuss your legal options.

Serving Peoria and communities throughout Central Illinois.

Call (309) 637-5282 to request a consultation.

Cusack & Gilfillan, LLC represents clients throughout Central Illinois, including Peoria, Tazewell, Woodford, and surrounding counties.