Chicago Hit and Run Wrongful Death Attorney
If you lost a family member to a hit and run driver, Illinois law gives your family the right to seek justice and compensation, even when the driver is never found.
If a hit and run driver took the life of someone you love in Chicago, Illinois law allows your family to bring a wrongful death claim, even if the driver fled and was never identified. Nothing can undo your loss, but a claim can hold the responsible party accountable and provide for the family left behind, often through uninsured motorist coverage when the driver cannot be found.
We know that legal questions are the last thing on your mind right now. You are grieving, and the idea of dealing with insurers and paperwork feels impossible. Our role is to carry that burden for you, with patience and respect, so your family can focus on each other while we protect your rights and pursue accountability.
This page covers who can file a wrongful death claim in Illinois, how these claims work when the driver fled, what compensation may be available, and how we handle these cases with the care they deserve.
Who Can File a Wrongful Death Claim in Illinois
Under the Illinois Wrongful Death Act, a claim is brought by the personal representative of the person who died, on behalf of the surviving spouse and next of kin. Compensation recovered is for the benefit of the family members who suffered the loss.
Illinois also allows a "survival action," which recovers for the pain and suffering and expenses the person experienced before death. These claims are often pursued together. We guide your family through which claims apply and how they work.
Pursuing a Claim When the Driver Fled
When the driver who caused the death cannot be identified, the family's claim often runs through the uninsured motorist coverage on the loved one's auto policy, or a resident relative's policy. Illinois requires this coverage on every auto policy, and it applies to fatal phantom vehicle crashes.
If the driver is later identified, or if another party shares responsibility, additional claims may be possible. We investigate every avenue so your family's rights are fully protected.
Compensation in a Wrongful Death Case
A wrongful death claim may seek compensation for:
- Loss of financial support the person provided
- Loss of companionship, guidance, and society
- Grief, sorrow, and mental suffering of the survivors
- Medical expenses before death
- Funeral and burial costs
No amount of money replaces a person. The purpose of a claim is accountability and stability for the family who remains.
The Reality of Fatal Hit and Run Crashes
Families who lose someone to a hit and run are not alone, even though it can feel that way. The AAA Foundation for Traffic Safety reported 2,872 hit and run deaths in 2023, the highest share of traffic deaths ever recorded, and found that more than 70 percent of those killed in hit and run crashes were pedestrians and bicyclists. Behind each of those numbers is a family left without answers.
A driver who flees a fatal crash has committed a felony under Illinois law. But the criminal case, if there is one, does not compensate your family. A civil wrongful death claim is separate, and it can move forward even when the driver is never identified or charged.
How We Carry the Burden for Your Family
Our role is to take the legal weight off your family. We deal with the insurers, gather the police report and evidence, identify every policy and party that may be responsible, and pursue the claim so you can focus on each other. We have recovered compensation for families in wrongful death and serious-injury cases, and we handle every one with patience and respect. Prior results do not guarantee a similar outcome, and every case is evaluated on its own facts.
There is no cost to talk with us, and no fee unless we recover compensation for your family.
Get a Free Case Review
Tell us what happened. We'll review your case and explain your options at no cost, no obligation.
- Available 24/7, including nights and weekends
- Your call is answered any time and passed straight to our legal team
- No fee unless we win your case
How We Handle Your Wrongful Death Case
Compassionate Consultation
We listen, explain your family's rights, and answer your questions with patience. There is no pressure and no cost.
Handle Everything
We deal with the insurers, the paperwork, and the investigation so your family does not have to.
Preserve the Evidence
We secure the police report, camera footage, and witness accounts to establish what happened.
Pursue Accountability
We pursue full compensation through every available source and prepare for trial when needed.
Related Hit and Run Practice Areas
Frequently Asked Questions
Yes. A wrongful death claim can proceed through uninsured motorist coverage even when the driver fled and was never identified. Illinois requires this coverage on every auto policy, and it applies to fatal hit and run crashes.
The personal representative of the person who died files the claim on behalf of the surviving spouse and next of kin. We help your family appoint a representative and move forward.
Wrongful death claims in Illinois generally must be filed within two years, but uninsured motorist notice deadlines can be shorter. It is best to speak with an attorney as soon as you are able.
Nothing upfront. We work on a contingency fee, so there is no attorney fee unless we recover compensation for your family. The consultation is free.
