Peoria Wrongful Death Lawyer
Losing a loved one because of someone else’s negligence is a grief no family should have to face, and it often arrives alongside sudden financial strain: funeral costs, medical bills and the loss of a paycheck the household depended on.
Meyer & Kiss helps Peoria-area families pursue wrongful death claims under Illinois law. We handle the legal process with care and discretion, so you have room to grieve while we work toward accountability and financial security for your family.
What is a wrongful death claim in Illinois?
Under the Illinois Wrongful Death Act (740 ILCS 180/), a claim may be brought when a person’s death is caused by the wrongful act, neglect or default of another, in circumstances where the person could have sued for their injuries had they survived.
The lawsuit is filed by the personal representative of the deceased person’s estate, for the benefit of the surviving spouse and next of kin. A related claim under the Illinois Survival Act (755 ILCS 5/27-6) allows the estate to recover for losses the person suffered before death, such as medical expenses, lost wages and conscious pain and suffering.
A wrongful death case is a civil claim, separate from any criminal case. A family can pursue compensation even if no criminal charges were filed or the defendant was acquitted.
Common causes of wrongful death in Peoria
- Car, truck and motorcycle crashes
- Pedestrian and bicycle accidents
- Drunk driving collisions
- Workplace and construction accidents
- Defective or dangerous products
- Dangerous property conditions
- Medical negligence
Serving Peoria and Peoria County
Wrongful death claims arising in Peoria are typically filed in the Peoria County Courthouse (Illinois Tenth Judicial Circuit), and the estate itself is opened through the county’s probate court. We serve families in Peoria and nearby communities including East Peoria, Peoria Heights, Pekin, Bartonville, Morton, Washington and Dunlap.
Damages available to surviving family members
Illinois law allows a jury to award fair and just compensation for the losses suffered by the surviving spouse and next of kin. Depending on the case, this may include:
- Lost financial support, including the income and benefits the person would have provided
- Loss of the services, care and guidance the person would have provided
- Loss of companionship, society and love
- Grief, sorrow and mental suffering
- Funeral and burial expenses
- Medical expenses incurred before death (often recovered through the estate)
Deadlines for Illinois wrongful death claims
In most cases, a wrongful death lawsuit must be filed within two years of the date of death (740 ILCS 180/2). Different and shorter deadlines can apply, for example when the claim involves a local government entity, and special rules apply in some cases involving violent crimes. Because opening an estate and appointing a representative takes time, families should speak with a lawyer early.
How Meyer & Kiss helps families
We take on the legal work so your family doesn’t have to: opening the estate if needed, investigating what happened, gathering records and expert opinions, identifying insurance coverage, and negotiating with or litigating against the responsible parties. We keep you informed at every stage and make decisions together with you.
Frequently asked questions
Who can file a wrongful death lawsuit in Illinois?
The lawsuit is filed by the personal representative (executor or administrator) of the deceased person’s estate. Any recovery is for the benefit of the surviving spouse and next of kin.
How long do we have to file a wrongful death claim?
Generally two years from the date of death, but shorter deadlines can apply. Talk with a lawyer promptly so the estate can be opened and evidence preserved.
How is a wrongful death settlement divided?
The court distributes wrongful death proceeds among the surviving spouse and next of kin in proportion to their dependency on the deceased. Survival Act recoveries belong to the estate.
Talk to a Peoria wrongful death lawyer today
The sooner you reach out, the sooner we can protect evidence and your deadlines. Call Meyer & Kiss or contact us online for a free, confidential consultation.
Attorney advertising. This page provides general information about Illinois law and is not legal advice. Reading it does not create an attorney-client relationship. Every case is different, and past results do not guarantee a similar outcome.
