Challenges in a Wrongful Death Claim

 Posted on December 04, 2025 in Car Accidents

When an accident claims the life of a loved one, you may have legal recourse in the form of a wrongful death claim, allowing you to recover compensation for various losses. However, filing a wrongful death claim can come with many difficulties that can slow down the process. 

The team of Cook County, IL personal injury attorneys at Gruzmark Law, Ltd. can provide you with qualified counsel and representation. We have a history of helping grieving clients recover compensation in wrongful death claims and will work to help you get closure for your loss.

Three Potential Obstacles in a Wrongful Death Claim

Statute of Limitations

All injury claims, including wrongful death claims, are bound by a statute of limitations in Illinois. This means that you must file a claim within a certain amount of time from the date of the death, and if the statute of limitations expires, you will lose the right to recover compensation. 

In Illinois, there is a two-year statute of limitations for wrongful death claims. There are only limited circumstances in which the time limit can be extended, such as if the party at fault attempted to conceal the cause of death. Our firm can help you keep track of the timeline to take legal action and proceed swiftly with your claim.

Proving Negligence

You cannot recover compensation in a wrongful death claim without first identifying the party at fault and the negligent act that led to the death. This may be the most intensive part of your claim, as the other party’s insurer will likely attempt to deflect responsibility. 

Proving negligence requires a thorough investigation of the events leading up to the fatal accident. A wrongful death attorney can gather vital evidence on your behalf, such as witness testimony, photographs, video footage, and crash reconstruction analysis. The earlier you get in contact with an attorney, the more evidence you may be able to recover from the incident.

Accounting for Damages

It is difficult to put a dollar amount to the loss of a loved one, as nothing can truly replace a cherished person in your life. However, you should make sure that your claim accounts for all damages, monetary or otherwise, under 740 ILCS 180/2. These losses may include:

• Medical expenses incurred before death

• Lost wages the decedent would have continued to provide

• Loss of society to surviving family members

• Personal grief

• Funeral expenses

Our firm will help fight for an appropriate amount based on your total losses. If negotiations for a settlement do not result in a favorable offer for compensation, we are more than willing to take your case to trial and argue your case before a judge.

Contact a Glenview, IL Wrongful Death Lawyer

Filing a wrongful death claim is a complex, multi-step process best handled with the help of a knowledgeable attorney. At Gruzmark Law, Ltd., we have the resources and skills to help you hold the negligent party accountable. Call us at 847-729-7660 to schedule a free consultation with our Cook County, IL personal injury attorneys.