Did you lose a family member in a fatal accident in Waukegan, IL?
At Kass & Moses Personal Injury Lawyers, we are wrongful death lawyers who pursue full recovery for families throughout Waukegan and Lake County.
If you lost a family member because of someone else’s negligence in Waukegan, your family may be entitled to compensation for funeral expenses, lost financial support, and grief. Our Waukegan, IL wrongful death lawyer can establish how the death occurred, identify each responsible party, and pursue a claim on behalf of the surviving spouse and next of kin.
Kass & Moses Personal Injury Lawyers represents families after fatal accidents in Waukegan and across Lake County. There are no attorney fees unless we recover compensation. Speak with us in a free, confidential consultation.
Wrongful Death Lawyer Waukegan, IL
A wrongful death claim is a civil action brought when a person dies because of another party’s negligence or wrongful conduct. Under the Illinois Wrongful Death Act, the personal representative of the deceased person’s estate files the claim, and the recovery goes to the surviving spouse and next of kin. The family must prove what the deceased person would have proven had they survived: a duty of care, a breach of that duty, and a death caused by that breach.
The Lake County Coroner investigated 282 accidental deaths in 2024. Motor vehicle crashes, falls, and drownings are among the accidental causes the office tracks. When negligence contributed to one of those deaths, a Waukegan wrongful death attorney can evaluate whether the family has a claim.
Types of Wrongful Death Cases We Handle in Waukegan
Fatal injuries result from crashes, unsafe property, and preventable errors. Our wrongful death attorneys in Waukegan, IL handle claims arising from the following:
- Car accidents. Speeding, impaired driving, and distraction cause many fatal collisions. We reconstruct the crash using police reports, vehicle data, and witness accounts.
- Truck accidents. The weight of a loaded tractor-trailer makes collisions with passenger vehicles especially deadly. Claims may be brought against the driver, the carrier, and any company responsible for loading or maintenance.
- Motorcycle accidents. Riders have almost no protection in a collision. We answer assumptions about rider behavior with physical evidence and testimony.
- Pedestrian accidents. A person struck by a vehicle often suffers fatal head or torso injuries. These claims examine the driver’s speed, visibility at the crossing, and signal timing.
- Bicycle accidents. Turning vehicles and unsafe passing are frequent factors in fatal bicycle crashes. Documenting the scene quickly preserves evidence of the cyclist’s position and the driver’s path.
- Rideshare accidents. Families of passengers and other motorists killed in Uber or Lyft crashes may have access to the rideshare company’s commercial policy, depending on the driver’s status at the time.
- Construction accidents. Falls from heights, equipment failures, and struck-by incidents are leading sources of fatal construction injuries. A separate claim may be available against a contractor or equipment manufacturer.
- Premises liability. Fatal falls, drownings, fires, and assaults on poorly maintained or poorly secured property can support a claim against the owner or manager.
- Catastrophic injuries. Some victims survive the initial accident but die weeks or months later from complications of a brain, spinal cord, or burn injury. The family may pursue both a wrongful death claim and a survival claim for the medical costs and suffering before death.
Why Choose Kass & Moses Personal Injury Lawyers as My Wrongful Death Lawyer in Waukegan, IL?
Guiding Families Through the Estate and the Claim
A wrongful death case has two parts that must move together. An estate must be opened so the court can appoint a personal representative, and that representative then brings the lawsuit. A related survival claim may also recover the losses the deceased person suffered before death. When a family needs a personal injury lawyer in Waukegan, IL after a fatal accident, the estate and the lawsuit should be handled together.
Joel Moses has more than 34 years of experience in personal injury law and has secured millions of dollars in settlements and verdicts. Colleagues and opposing counsel recognize him for meticulous case preparation. Andrew Kass has practiced for more than 30 years and is admitted in Illinois, New York, and Washington. He studied marketing and finance at Syracuse University, and Joel Moses studied economics at Michigan State University. The firm appears in The National Trial Lawyers Top 100.
Recoveries Pursued Without Upfront Cost
More than $125 million has been recovered for our clients across all practice areas. Results include:
- $1,250,000 after a motorcycle collision
- $446,724 in a second motorcycle crash matter
- $300,000 in a separate motorcycle claim
- $90,000 in a bicycle accident claim
Families pay nothing at the outset. Our fee is contingent on a recovery, and if there is none, you owe no attorney fees.
What Is Important to Understand About a Wrongful Death Case?
What Is the Wrongful Death Case Timeline?
In most cases, the lawsuit must be filed within two years of the date of death. The Wrongful Death Act extends that period to five years when the death resulted from violent intentional conduct. It also allows one year after a related criminal case concludes against the person charged.
The first weeks are spent opening the estate, obtaining the death certificate and coroner’s findings, and preserving evidence. Once the investigation is complete and the family’s losses are documented, we present the claim to the insurer.
If the claim does not resolve, the case proceeds in the Circuit Court of Lake County through discovery, depositions, and mediation. Any settlement or verdict is then distributed by the court among the spouse and next of kin.
Damages, Liability, and Compensation for Wrongful Death Cases
The Wrongful Death Act allows a jury to award fair and just compensation to the surviving spouse and next of kin. A Waukegan wrongful death attorney documents each category of loss, which can include:
- Lost financial support and the value of household services the deceased provided
- Loss of companionship, guidance, and care
- Grief, sorrow, and mental suffering
- Punitive damages when applicable, which are not available in medical or legal malpractice cases or in certain claims against government entities
A survival claim on behalf of the estate can recover medical expenses and the pain the person experienced before death. Funeral and burial costs are also commonly part of the recovery.
Liability may be shared by several parties. If the deceased person was partly at fault, compensation is reduced by that percentage, and the claim is barred under the 50% fault rule if that share exceeds half.
What Are Important Aspects of a Wrongful Death Case?
Several features set wrongful death cases apart from other injury claims:
- Only the court-appointed personal representative can file the lawsuit, even though the recovery belongs to the family.
- The court divides the recovery among the spouse and next of kin according to each person’s dependency on the deceased.
- Certified death records from the Lake County Clerk, along with the coroner’s findings, establish the cause and manner of death.
- Settlement negotiation with insurers generally begins only after the family’s financial and personal losses are fully documented.
What Should You Bring to Your Wrongful Death Consultation?
The following documents allow our wrongful death attorneys in Waukegan to assess the claim at the first meeting:
- The death certificate and any coroner or autopsy report
- The police or crash report, if one was prepared
- Pay stubs, tax returns, or other records of the deceased person’s income
- Insurance policies held by the deceased, and any letters from insurers
Everything you share is protected by attorney-client privilege. At the end of the consultation, we will tell you whether we believe the family has a viable claim and what the next steps would be.
Most Dangerous Locations for Wrongful Death in Waukegan
IDOT Lake County data shows 57 fatal crashes and 60 deaths on county roads in 2023. In and around Waukegan, the following routes combine heavy traffic with conditions that contribute to serious collisions.
Dangerous streets
- Genesee Street. A downtown north-south street lined with businesses and crosswalks near the Genesee Theatre.
- Glen Flora Avenue. An east-west route through several neighborhoods, with residential driveways and frequent side-street intersections.
- McAree Road. A north-south road on the west side that connects residential areas with commercial traffic.
- Golf Road. An east-west road on the south side of the city that crosses several major north-south routes.
- Martin Luther King Jr. Avenue. A downtown street serving City Hall, the police department, and the courthouse complex, with steady pedestrian activity.
Dangerous highways
- I-94 (Tri-State Tollway). An interstate along the western edge of the Waukegan area that carries high-speed commuter and commercial truck traffic.
- US Route 41 (Skokie Highway). A divided highway through west Waukegan and Gurnee, with interchange merges at Washington Street and Grand Avenue.
- IL Route 43 (Waukegan Road). A state route from the south suburbs that ends at the Belvidere Road and US 41 junction.
Reach Out to Kass & Moses Personal Injury Lawyers to Schedule a Consultation
Our Waukegan wrongful death lawyer can explain the claim, the filing deadline, and how any recovery would be distributed among your family. Kass & Moses Personal Injury Lawyers offers free, confidential consultations, and we collect no attorney fees unless we recover compensation. Contact us to arrange a time to talk.
