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Can I file a wrongful death lawsuit if my family member was killed in a pedestrian accident?

Michael Agruss

Written and Reviewed by Michael Agruss

  • Managing Partner and Personal Injury Lawyer at Mike Agruss Law.
  • Over 20 years of experience in Personal Injury.
  • Over 8000+ consumer rights cases settled.
  • Graduated from the University of Illinois Chicago School of Law: Juris Doctor, 2004.


Yes. If an individual loses his/her life in a pedestrian accident, the next of kin is permitted under Illinois law to pursue a claim for damages such as lost wages, lost companionship, and medical expenses. If you have lost a loved one due to a pedestrian accident, contact Mike Agruss Law for a free consultation.

We help the families of pedestrian accident victims to recover compensation for the loss of their loved one, and wrongful death claims typically depend on four elements:

  1. Your relationship to the victim;
  2. The other driver’s involvement in the accident;
  3. Proving that the other driver’s conduct directly caused the victim’s death;
  4. The damages you and/or your family has sustained resulting from the death.

Under Illinois law, the primary forms of compensation for plaintiffs in wrongful death claims – which are not necessarily limited to these three – are as follows:

  1. Funeral and burial expenses, and related out-of-pocket expenses;
  2. Lost wages and financial support that the deceased victim would have provided;
  3. Compensation for pain and suffering, which may also include what is called “lost companionship” if the claim is filed by the victim’s spouse.

We see you as a person, not just a client – and that makes us better at the work we do. We listen. We learn your story. And, as we help you get the money you deserve, we go above and beyond in a way most law firms never could and never would. Because we’re not just lawyers. And you’re not just a client. We’re friends, neighbors, family. We’re all people and here at Mike Agruss Law, we put People, First.

Helping our clients is about counseling, advocating, and ultimately solving problems. With years of experience successfully representing the people, not the powerful, we will take care of the insurance adjusters, your medical bills, your property damage, and your lost wages, and monitor your treatment so you can focus on healing and getting your life back to normal. Our unique formula has earned us over 900 outstanding client reviews on our website, an A+ BBB rating, and over 120 five-star reviews on Google. Call 888-572-0176, email us at [email protected], or schedule a meeting with us here. We’re here 24/7.

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