What Are My Legal Options if My Loved One Was Killed by a Drunk Driver?

 Posted on June 03, 2026 in Wrongful Death

Drunk driving takes the lives of approximately 12,000 Americans each year. If your loved one was killed in a car accident involving a driver under the influence of alcohol, you may have legal options. While no legal remedy can ever truly make up for your tragic loss, a Rockford, IL wrongful death attorney can help you seek accountability and closure.

At Mannarino & Brasfield, A Division of Schwartz Jambois, we have spent years fighting for injury victims across Illinois. We have a history of successful case results, having recovered millions from injury and wrongful death claims. Families come to us because they want a team that takes their loss seriously and works hard to get real results.

Compensation Available in a Wrongful Death Claim

Drunk drivers who cause fatal auto accidents can face significant criminal consequences. Surviving loved ones of those killed in drunk driving accidents also have the option of bringing a civil claim against the drunk driver. Through a wrongful death claim, you may be able to receive financial compensation for various losses, such as:

• The loss of your loved one’s financial support

• The loss of your loved one’s household services, including homemaking and caring for children

• The medical bills incurred between your loved one’s accident and his or her death

• The loss of your loved one’s companionship

• The loss of parental guidance experienced by minor children of the deceased person

• Mental suffering and grief experienced by surviving family members

• Funeral and burial expenses

Wrongful death claims involving fatal drunk driving accidents may also include an award of punitive damages. Unlike damages intended to compensate a victim’s family for financial losses, punitive damages are intended to penalize the drunk driver for his or her actions.

Proving Fault in a Civil Rockford Drunk Driving Case

To secure payment from a wrongful death claim, you need to show the drunk driver was at fault. In Illinois, a DUI conviction can support your civil case. Even without a criminal conviction, we can still build a strong case using other evidence.

Evidence like toxicology reports and police field sobriety test results can be powerful. Surveillance footage from nearby businesses or traffic cameras can also help. We know how to find and use this evidence in Rockford-area cases.

Insurance companies will often try to reduce what they pay your family. They may argue that the accident was partly your loved one's fault. We push back hard against those tactics.

How Illinois Dram Shop Claims Apply to Drunk Driving Accidents in 2026

Compensation doesn’t always begin and end with an auto insurance policy. Illinois also has a Dram Shop Act. This law can hold bars, restaurants, or other businesses responsible if they served alcohol to someone who later caused a fatal crash. This gives your family another avenue to seek compensation.

Dram shop claims can be complex. You need to show that the business served the driver when they were already visibly intoxicated. Our team knows how to investigate these claims in Rockford and the surrounding areas.

Bringing a Wrongful Death Claim for Damages After Losing Someone in a Car Accident

In Illinois, a wrongful death claim is brought by a "personal representative" of the deceased. This is often a spouse, parent, adult child, sibling, or another close relative. Damages in a wrongful death claim are paid to the deceased person’s surviving spouse and children or the next of kin. 

There is a two-year statute of limitations for Illinois wrongful death claims. If you do not file your claim within this time period, the court may refuse to hear the case. With that in mind, it is important to get started on your claim as soon as possible.

Dealing With Insurance Companies After a Fatal DUI Accident

Even when a driver was drunk and criminally charged, the insurance company may still take steps to limit its exposure. Families need to understand what they are likely to face when seeking compensation. As a rule, you should always have an attorney present when speaking to an insurance representative.

An insurer may claim that your loved one contributed to the crash. The company might insist that the victim was speeding, failed to yield, or did not take reasonable steps to avoid the collision. Illinois follows a modified comparative fault rule. A family can still recover compensation as long as the victim was not more than 50 percent at fault, but the amount can be reduced based on their share of responsibility. Insurers know this, and they take advantage of it.

Insurers may also move quickly to offer a settlement before a family has had time to grieve or get legal advice. An early offer often does not reflect the full value of a wrongful death claim. Accepting it too soon can close the door on additional recovery.

Do Civil Claims for DUI Accidents Ever Go to Trial in IL?

Most civil claims settle before trial. But some do not, and families should understand that going to court is sometimes the only way to reach a fair outcome. A drunk driver or their insurer may dispute the damages. They may accept that the crash happened but argue that the family's losses are smaller than claimed. In those situations, a trial can become necessary to let a jury decide. 

Juries in wrongful death cases involving DUI respond seriously to evidence of reckless, deliberate disregard for others' safety. Preparing a case for trial, even if it settles, puts the family in a stronger position throughout the process.

At Mannarino & Brasfield, A Division of Schwartz Jambois, we have years of litigation experience, and we have secured significant payments through verdicts. We can review your case and advise you on whether or not a trial is a worthwhile prospect, keeping your best interests at heart.

Contact a Winnebago County, IL Personal Injury Lawyer

A civil claim may help hold a drunk driver responsible for the harm he or she has caused. It may also provide financial relief to the deceased person’s immediate family. To learn more, contact Mannarino & Brasfield, A Division of Schwartz Jambois. Call our office at 815-215-7561 and schedule a free consultation with an experienced Rockford, IL wrongful death attorney.