Leading Causes of Wrongful Death Claims

Tuesday, June 24, 2025

Leading Causes of Wrongful Death Claims

Written by Malman Law, reviewed by Steve J. Malman.

If your loved one lost their life due to the negligence of another person, you might have the right to file a wrongful death claim. These cases are usually caused by a few different circumstances. Reach out to an attorney to get help with a wrongful death claim.

A wrongful death is a fatality arising from the reckless, careless, or negligent actions of another person or party. Just like personal injury cases, wrongful death claims can be caused by many different circumstances. Generally, if the deceased person were to have lived and could file a personal injury claim to seek compensation for their injuries, a personal representative could file a wrongful death claim on their behalf. Our compassionate Chicago wrongful death lawyers help families recover financially after the death of a loved one. They handle many different types of wrongful death cases; here are the most frequent.

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What is Negligence?

Negligence occurs when someone fails to act with the level of care a reasonable person would show in a similar situation, breaching a duty that results in harm or loss. According to Cornell Law School, negligence is a foundational concept in tort law. To determine whether someone’s conduct falls below the standard of reasonable care, courts typically consider factors such as the foreseeable likelihood of harm, the potential severity of that harm, and the burden of taking precautions to prevent it. 

Negligence doesn’t always come from an obvious mistake. It can result from overlooking routine precautions, making rushed decisions, or even failing to act when action is clearly needed. For instance, a property owner who fails to repair a known hazard, or a driver who ignores traffic signals, may both be considered negligent.

What is Wrongful Death?

Wrongful death refers to a legal claim brought when someone dies as a result of another party’s negligent, reckless, or intentional behavior. It shares similarities with a personal injury lawsuit, but because the injured person is no longer alive to pursue justice, the case is brought on behalf of the deceased and their surviving loved ones.

The personal representative (often named in the will or appointed by a probate court) typically files the claim. While financial recovery won’t reverse the loss, it can relieve the burdens left behind, from medical bills to lost household income.

How is Negligence Related to Wrongful Death?

Negligence is frequently the legal foundation of a wrongful death lawsuit. Without showing negligent behavior, the claim may lack the requisite basis for recovery.

In many wrongful death claims, the underlying issue is a failure to act responsibly or with appropriate care. A negligent driver who causes a fatal accident, or a medical provider whose oversight results in a tragic consequence, are just two examples of how negligence can directly result in someone’s death.

The critical factor lies in demonstrating that the fatal outcome would not have occurred if the responsible party had taken reasonable care. Whether it’s a distracted driver, an overworked surgeon, or a negligent employer, showing how their actions led directly to the fatal outcome is central to a successful case. These kinds of tragic circumstances often fall under the broader category of negligence resulting in death, which emphasizes the connection between careless actions and fatal consequences.

Elements of a Negligence Claim in a Wrongful Death Case

Courts generally recognize the following five elements as necessary to prove negligence:

1. Duty of Care: The defendant owed the deceased a legal obligation to act with reasonable care.
2. Breach of Duty: The defendant failed to meet that obligation.
3. Causation (Cause-in-Fact): The breach directly caused harm.
4. Proximate Cause: The harm was a foreseeable result of the defendant’s conduct.
5. Damages: The deceased and their family suffered measurable harm, including financial and emotional losses. This may include loss of companionship, lost income, funeral and burial expenses, and the cost of medical care provided before death.

Courts often examine whether the defendant’s actions created a significant risk of harm and whether reasonable steps could have prevented the outcome. These elements help build a strong legal basis for claims involving negligence resulting in death, reinforcing how important each link in the chain of responsibility truly is.

Elements of a Negligence Claim in a Wrongful Death Case

Courts generally recognize the following five elements as necessary to prove negligence:

1. Duty of Care: The defendant owed the deceased a legal obligation to act with reasonable care.
2. Breach of Duty: The defendant failed to meet that obligation.
3. Causation (Cause-in-Fact): The breach directly caused harm.
4. Proximate Cause: The harm was a foreseeable result of the defendant’s conduct.
5. Damages: The deceased and their family suffered measurable harm, including financial and emotional losses. This may include loss of companionship, lost income, funeral and burial expenses, and the cost of medical care provided before death.

Courts often examine whether the defendant’s actions created a significant risk of harm and whether reasonable steps could have prevented the outcome. These elements help build a strong legal basis for claims involving negligence resulting in death, reinforcing how important each link in the chain of responsibility truly is. 

Examples of Negligence Leading to Wrongful Death:

Negligence isn’t limited to one environment or profession. Wrongful death can occur in many forms, often stemming from someone’s failure to act with proper care. Here are some common scenarios:

• Medical Negligence: A doctor’s misdiagnosis or delay in treatment that results in a patient’s death.
• Car Accidents: A negligent driver causes a fatal collision on a city street or highway.
• Product Liability: A dangerously defective product, such as a faulty airbag or unsafe medication, leading to fatal injuries.
• Workplace Accidents: An employer neglects safety protocols, causing an employee’s death on the job.

Each of these examples reflects how everyday negligence can have devastating, irreversible consequences. They may all serve as grounds for a wrongful death claim based on negligence resulting in death.

What Damages Can Be Recovered?

The damages recovered in a wrongful death case can vary depending on the jurisdiction and the specific facts of the case. Common types of damages include: 

Medical Expenses

This includes costs associated with the deceased’s injuries and treatment before their death, such as emergency care and final medical procedures.

Funeral Expenses

This includes costs associated with the deceased’s funeral and burial, such as cremation, memorial services, and related logistical arrangements. These expenses can mount quickly, and a claim can help cover them.

Loss of Income

The financial impact of losing a provider can devastate a household. Compensation may cover not only the deceased’s lost wages but also their potential future earnings that would have supported the family.

Loss of Consortium

This addresses the emotional and relational loss, including compensation for the loss of companionship, love, and affection, which surviving family members deeply feel after losing someone close.

Pain and Suffering

Courts may also award damages for the pain and suffering the deceased experienced before passing, recognizing the physical agony and emotional trauma they may have endured during treatment or injury. While the deceased’s pain may be considered, the family’s emotional suffering also plays a role. 

Punitive Damages

In cases of gross negligence or reckless behavior, punitive damages may be awarded to punish the defendant and deter similar conduct in the future. They are less common but can apply in extreme cases.

Statute of Limitations

According to the Illinois Wrongful Death Act, any such legal action must be brought by the personal representative of the deceased, and the compensation awarded is intended exclusively for the benefit of the surviving spouse and next of kin. 

There are time limits for filing a wrongful death lawsuit, which vary by jurisdiction. It’s important to speak with an attorney to determine the statute of limitations that applies to your specific case. This timeframe can pass quickly during a period of mourning, so acting promptly can help protect your legal rights and options.

Who Can File a Wrongful Death Suit in Illinois?

In the State of Illinois, close family members cannot directly file a claim for wrongful death in the civil courts. Instead, the law requires the personal representative (also known as an executor) of the estate to file the claim on behalf of immediate family members. This person is the one who is ultimately in charge of managing the deceased person’s will and estate distribution.

If no one has been pre-designated to be the personal representative (such as if the deceased person was a minor or an adult who didn’t draft a will before they died), the personal representative for the deceased would then be appointed by the probate court.

The personal representative should always work closely with a wrongful death lawyer who can file the claim and pursue full compensation for all of the family’s losses. Once a settlement or award is secured from the liable insurance companies or in court, the proceeds will be distributed appropriately to close family members, including the spouse, children, or parents.

Malman Law’s Chicago Wrongful Death Lawyers Can Help

No matter how your loved one died, let us determine if you have a wrongful death claim. We offer complimentary case consultations with the skilled wrongful death attorneys at Malman Law. To schedule yours, call (312) 629-0099 today or use our online contact form.