EXPERIENCED PERSONAL INJURY ATTORNEYS
West Chicago, IL Wrongful Death Lawyers
Compassionate Legal Advocacy for Families Who’ve Lost a Loved One in a Fatal Accident in West Chicago
The sudden loss of a loved one due to someone else’s negligence is a devastating experience. Families not only grapple with emotional grief but also face financial and legal uncertainties. At John J. Malm & Associates, we understand the immense burden families endure after a wrongful death, and we are committed to providing compassionate and experienced legal representation.
With over 90 years of combined litigation experience, our award-winning team of West Chicago personal injury attorneys has helped families in West Chicago and throughout DuPage County recover the compensation they deserve. With offices in Naperville and St. Charles, we are ready to fight for justice on behalf of grieving families.
What is a Wrongful Death Claim in Illinois?
In Illinois, a wrongful death claim arises when a person loses their life due to another party’s negligence, recklessness, or intentional misconduct. The Illinois Wrongful Death Act (740 ILCS 180/) allows surviving family members to seek damages for their loss.
To successfully pursue a wrongful death claim, the following four elements of negligence must be established:
- Duty of Care – The defendant owed a legal obligation to act reasonably to prevent harm.
- Breach of Duty – The defendant failed to uphold their duty through negligent or wrongful actions.
- Causation – The defendant’s negligence directly resulted in the death of the victim.
- Damages – The surviving family members suffered measurable losses due to the death.
Common Causes of Wrongful Death in West Chicago
Wrongful death cases can arise from a variety of circumstances, including:
1. Car and Truck Accidents
West Chicago’s busy roads, including Illinois Route 59, Roosevelt Road (Route 38), and North Avenue (Route 64), see frequent fatal car crashes. Distracted driving, speeding, and reckless driving are common causes of these tragic accidents.
2. Medical Malpractice
Hospitals and healthcare facilities in the area, such as Northwestern Medicine Central DuPage Hospital, provide vital services, but errors such as misdiagnoses, surgical mistakes, or medication errors can result in fatal injuries.
3. Workplace Accidents
Industries in West Chicago’s industrial corridors pose risks to workers. Construction accidents, exposure to hazardous materials, and equipment failures can lead to fatal incidents, making workers’ compensation claims and third-party lawsuits necessary.
4. Nursing Home Neglect and Abuse
Elderly residents in assisted living and nursing home facilities rely on proper care. When nursing home neglect or abuse occurs, it can result in wrongful death claims against negligent facilities.
5. Pedestrian and Bicycle Accidents
Pedestrians and cyclists are vulnerable to reckless and distracted drivers. Intersections near Route 59 and downtown West Chicago have seen increasing pedestrian accidents in recent years.
6. Defective Products
Manufacturers and distributors have a responsibility to ensure their products are safe. Defective vehicles, medical devices, or household products can lead to fatal injuries.
Case Highlight: Seeking Justice After a Fatal DUI Crash in West Chicago
One of the most tragic cases our firm handled involved the wrongful death of Antonio Alvarez, a father of two who was killed in a fiery DUI crash in West Chicago.
Antonio was driving on Illinois Route 59, turning onto Garys Mill Road, when his vehicle was struck by a drunk driver, Omar Montoya Medina. Medina had a blood alcohol level of 0.16—twice the legal limit—at the time of the crash. The impact caused both vehicles to become engulfed in flames, and Antonio tragically lost his life at the scene.
For Antonio’s family, the emotional and financial toll was unimaginable. Our West Chicago wrongful death attorneys helped them pursue justice and secure a settlement that provided financial stability, covering:
- Funeral and burial costs
- Loss of financial support
- Emotional suffering and loss of companionship
This case underscores the importance of holding reckless drivers accountable after a fatal accident and ensuring families receive the compensation they need in the aftermath of a preventable tragedy.
What Damages Can Families Recover After a Fatal West Chicago Accident?
A successful wrongful death claim can provide surviving family members with compensation for:
- Medical Expenses: Any medical costs incurred before death.
- Funeral and Burial Costs: Compensation for the financial burden of laying a loved one to rest.
- Loss of Financial Support: If the deceased was a provider, their lost income and benefits can be recovered.
- Loss of Companionship: Surviving spouses and children can seek damages for the loss of love, guidance, and emotional support.
- Pain and Suffering: Compensation for the emotional trauma experienced by the surviving family members.
Who Can File a Wrongful Death Lawsuit in Illinois?
In Illinois, a wrongful death claim must be filed by the personal representative of the deceased’s estate. This is typically:
- A spouse
- An adult child
- A parent (if the deceased was a minor)
- Another legal representative appointed by the court
Any compensation awarded in the lawsuit is distributed to the surviving family members, ensuring they receive the financial support needed to move forward.
Why Choose John J. Malm & Associates for Your West Chicago Wrongful Death Case?
At John J. Malm & Associates, our compassionate wrongful death attorneys recognize that no amount of compensation can replace a loved one after a fatal accident. However, we work tirelessly to hold negligent parties accountable and help families secure the financial resources they need for the future.
Why Clients Trust Us To Handle Their Personal Injury Case:
- 90+ Years of Combined Experience – Proven success in wrongful death and personal injury litigation.
- Award-Winning Attorneys – Recognized for excellence in advocacy and client service.
- Personalized Attention – Compassionate legal support tailored to each family’s needs.
- Proven Results – Millions recovered in wrongful death settlements and verdicts.
“Losing a loved one due to someone else’s negligence is heartbreaking. Families deserve answers, accountability, and justice. Our team is committed to fighting for those who have lost someone too soon, ensuring they receive the compensation and closure they need to begin healing.” – West Chicago fatal accident lawyer, John J. Malm
Contact Our West Chicago Wrongful Death Attorneys Today
If you have lost a loved one due to another party’s negligence, you need a trusted legal advocate by your side. At John J. Malm & Associates, our West Chicago wrongful death lawyers are here to guide you through this difficult time and fight for the justice your family deserves.
Call us today for a free consultation. With offices conveniently located in Naperville and St. Charles, we are proudly serving West Chicago and DuPage County families. Let us help you navigate this challenging time with compassion, experience, and dedication.