What Evidence Is Needed in a Wrongful Death Lawsuit?

 Posted on November 30, 2025 in Wrongful Death

A wrongful death claim allows you to hold someone financially responsible for causing the death of your loved one. The caveat is that you have to provide proof that this person’s negligence or carelessness is directly responsible for the death. You also need to support your claim with solid evidence that reflects the full impact of your losses. An experienced Chicago, IL wrongful death lawyer can help you gather that evidence and build a strong claim.

What Does Illinois Law Say About Wrongful Death Claims?

In Illinois, wrongful death cases are guided by the Illinois Wrongful Death Act found under 740 ILCS 180. This law allows the personal representative of the person who passed away to file a lawsuit when someone’s negligence or wrongful act caused the death. The purpose is to provide compensation to the surviving family members for their financial and emotional losses.

Under the Illinois Survival Act, the estate can recover damages for what the person went through before death as well. Any pain, suffering, medical bills, and lost income from the time of the injury until death is potentially recoverable in a survival action.

Keep in mind that it is crucial to act fast. If you need to file a lawsuit, you typically only have two years from the date of death to file, under 735 ILCS 5/13-202. Waiting too long can make it harder to find sufficient evidence and may mean you are no longer eligible to file anyway.

What Kind of Evidence Proves Negligence or Fault in a Wrongful Death Case?

You will need clear and detailed evidence that supports your claim. Some of the most important forms of evidence include:

• Accident or police reports that describe how the incident happened

• Medical records showing the cause of death and related treatment

• Witness statements from people who saw or heard what happened

• Photographs or video footage that show the event or unsafe conditions

• Expert testimony from medical or accident reconstruction specialists

• Financial records proving lost income or support

• Written or electronic messages that help show fault or responsibility

The specific type of evidence needed depends on the details of your loved one’s accident. Your attorney knows where to find it and how to identify the recoverable damages available to you.

How Do You Prove the Financial and Emotional Impact of a Wrongful Death?

A wrongful death case does not only focus on what happened. It also focuses on how the loss has affected your family. The financial effects can include funeral costs, medical bills, and the loss of income or benefits your loved one provided. These are your economic damages. However, emotional suffering and other non-economic damages are just as important. This includes pain, grief, loss of companionship, and the emotional support your loved one gave you.

To prove these losses, your lawyer may use pay stubs, tax records, and medical bills. Family members can give statements about how their daily lives have changed. In some cases, experts, such as economists or therapists, can explain the long-term financial and emotional effects of the death. Each piece of evidence helps the court understand the true cost of your loss.

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

At Winters Salzetta O'Brien & Richardson, LLC, our Chicago, IL wrongful death lawyers understand that no amount of money can replace a loved one. However, fair compensation can ease the financial burden and bring a sense of justice. Since our founding in 1997, our attorneys have spent decades fighting for Illinois families. Over the years, we have secured millions of dollars in settlements and verdicts for people whose lives were changed by negligence.

Contact us today at 312-236-6324 to schedule a free consultation and find out more about the evidence you need to get the compensation you deserve.