Is It Hard to Win a Wrongful Death Lawsuit?

 Posted on January 05, 2025 in Wrongful Death

How difficult it can be to build a wrongful death claim in 2026 depends on how strong the evidence is and how easily fault can be proven. For example, even with reports of traffic fatalities dropping in the first half of 2025, according to the National Highway Traffic Safety Administration, car accidents make up a large number of wrongful death claims. The circumstances of those cases can vary drastically.

If you lost a loved one in an accident caused by someone else, the Bloomington, IL wrongful death lawyers at Kanoski Bresney can help. We’ll walk you through the process and help you understand whether your case is likely to settle. If you need to go to court, we’ll advocate for your right to compensation.

What Is a Wrongful Death Lawsuit Under Illinois Law?

A wrongful death lawsuit is a civil case brought when a person dies because of someone else’s actions or failure to act safely. In Illinois, this type of claim is governed by the Illinois Wrongful Death Act, found at 740 ILCS 180/. This law allows certain surviving family members to seek compensation when a death is caused by negligence, carelessness, or a wrongful act.

Under this law, the lawsuit must be filed by the personal representative of the deceased person’s estate. The claim is brought for the benefit of close family members, such as a spouse or children. The purpose of a wrongful death lawsuit is not to punish the person who caused the death. It is meant to address the financial and personal losses the family suffers because their loved one is gone.

Is It True That Most Wrongful Death Cases Settle in Illinois?

Most wrongful death lawsuits settle before trial. Settlement means both sides agree on compensation without asking a judge or jury to decide the case.

This happens because trials are time-consuming and emotionally draining. They also carry risk for both sides. Families may prefer certainty instead of waiting years for a verdict, and insurance companies often want to avoid unpredictable jury decisions. Settlement also allows families to receive compensation sooner while avoiding the stress of a courtroom trial.

What Happens if a Wrongful Death Case Goes to Trial?

Some wrongful death cases do go to trial. When that happens, the family bringing the case must prove that the defendant caused the death.

To win, the plaintiff must prove the four elements of negligence:

• The defendant had a duty to act safely

• The defendant failed to meet that duty

• That failure caused the death

• The family suffered measurable losses, known as damages

You do not have to prove the case beyond all doubt. In civil court, you just have to show the defendant is more likely responsible than not.

What Factors Make a Wrongful Death Lawsuit Harder or Easier To Win?

No two cases are the same. Some wrongful death lawsuits are easier to prove than others, but there are several factors to consider.

How Strong Is the Evidence?

Strong evidence makes a case easier to win. Helpful evidence may include police reports, medical records, expert opinions, and witness statements.

If evidence clearly shows what happened and who was at fault, the case is stronger. If facts are unclear or disputed, the case becomes more challenging.

Can Negligence Be Clearly Explained?

Negligence must be explained in a simple and logical way. Judges and juries must understand how the defendant’s actions led directly to the death.

Cases are harder to win when multiple causes are involved or when the defendant claims someone else was responsible.

Does Legal Experience Matter?

Having legal experience on your side certainly helps in wrongful death cases. These claims often involve technical evidence, expert testimony, and negotiations with insurance companies. A lawyer who understands how these cases work can help present evidence clearly and respond to challenges from the defense.

What Compensation Can Families Recover in a Wrongful Death Case?

When a wrongful death claim is successful, Illinois law allows families to recover compensation for both financial and personal losses.

Under 740 ILCS 180/2, compensation may cover losses such as:

• Medical expenses related to the final injury or illness

• Funeral and burial costs

• Lost income and financial support the deceased would have provided

• Loss of companionship, care, guidance, and emotional support

• Grief and sorrow experienced by surviving family members

The court looks at how the death affected the family as a whole. This includes both economic losses, like income, and non-economic losses, like the emotional impact of losing a loved one.

Why Does Timing Matter in Wrongful Death Claims?

The statute of limitations for a wrongful death claim, under 740 ILCS 180/2(d), allows two years from the date of death to file a lawsuit. Missing this deadline can prevent the family from pursuing compensation, no matter how strong the case might be.

Schedule Your Free Consultation With Our Decatur, IL Wrongful Death Attorneys

If your family is considering a wrongful death lawsuit, understanding the process can help you make informed decisions. At Kanoski Bresney, we have more than 100 years of combined experience. Attorney Todd Bresney previously worked at the Federal Trade Commission and the State's Attorney for Cook County, giving him insight into complex investigations and legal strategy. That background can be valuable when building and evaluating wrongful death claims.

Call 888-826-8682 to schedule your free consultation with our Bloomington, IL wrongful death lawyers.