Chicago Wrongful Death Lawyers

Compassionate, Experienced Legal Representation for Families in Chicago and Cook County

At John J. Malm & Associates, we understand there is no greater loss than the unexpected, wrongful death of a loved one. Whether the loss resulted from a car accident, workplace incident, medical negligence, or another tragic event, the death of a family member caused by someone else’s negligence is devastating.

Our compassionate and experienced Chicago wrongful death attorneys have spent decades helping grieving families seek justice and financial security after a fatal accident. With over 90 years of combined legal experience, our award-winning team stands ready to help you hold the responsible parties accountable and navigate the legal process during this difficult time.

What is a Wrongful Death Claim in Illinois?

Under the Illinois Wrongful Death Act (740 ILCS 180/1 et seq.), a wrongful death claim arises when an individual’s death is caused by the negligent, reckless, or intentional conduct of another party. The purpose of a wrongful death lawsuit is to provide financial compensation to the surviving family members who have suffered losses as a result of their loved one’s death.

The law allows the deceased person’s personal representative (executor or administrator) to file a lawsuit on behalf of the surviving family members.

Common Causes of Wrongful Death in Chicago

Our firm has successfully represented families in a wide range of fatal accident cases in Chicago and throughout Cook County, including:

1. Car Accidents & Truck Accidents

Fatal motor vehicle crashes are tragically common in Chicago. Common causes of fatal car accidents and semi-truck collisions include:

• Distracted driving
• Speeding
• Drunk driving
• Trucking company negligence

We help families bring wrongful death claims against negligent drivers, commercial vehicle operators, and their insurers.

2. Motorcycle Accidents

Motorcyclists are especially vulnerable to fatal injuries in collisions with larger vehicles. We have helped families secure justice after losing a loved one in a fatal motorcycle accident.

3. Pedestrian & Bicycle Accidents

Pedestrians and cyclists face daily dangers on Chicago’s busy streets. We represent families whose loved ones were fatally struck by negligent or reckless drivers.

4. Medical Malpractice

Fatal injuries due to medical negligence, such as surgical errors, misdiagnosis, or medication mistakes, can give rise to a wrongful death claim.

5. Workplace Accidents

When a worker dies due to a third party’s negligence — such as a subcontractor or equipment manufacturer — families may pursue a wrongful death claim in addition to workers’ compensation benefits.

6. Dangerous & Defective Products

When defective products result in fatal injuries, manufacturers, distributors, and sellers may be held accountable under Illinois product liability law.

What Damages Are Available in an Illinois Wrongful Death Claim?

The Illinois Wrongful Death Act allows surviving family members to recover financial compensation for:

• Funeral and burial expenses
• Loss of financial support and future income
• Loss of companionship, guidance, love, and consortium
• Grief, sorrow, and mental suffering experienced by surviving family members

The Act makes clear that compensation is for the survivors’ losses — the harm and hardship felt by those left behind.

What is the Difference Between a Wrongful Death Claim and a Survival Claim?

In Illinois, there are two separate but related legal claims that may arise when a person dies due to another’s negligence:

Wrongful Death Claim

A wrongful death claim is brought under the Illinois Wrongful Death Act for the benefit of the deceased person’s next of kin. It compensates family members for the loss of love, support, companionship, and the grief and sorrow they experience after the death.

Survival Claim

A survival claim is brought under the Illinois Survival Act (755 ILCS 5/27-6). This claim allows the deceased person’s estate to recover for damages the decedent could have pursued if they had survived, such as:

• Medical expenses
• Pain and suffering endured before death
• Lost income prior to death

In short:

• The wrongful death claim compensates surviving family members for their loss.
• The survival claim compensates the estate for the harm suffered by the deceased before their death.

Our Chicago fatal accident attorneys will pursue both claims to ensure that your family’s full legal rights are protected.

Distribution of Wrongful Death Proceeds in Illinois

In Illinois, the proceeds of a wrongful death settlement or judgment are distributed to the deceased’s next of kin. The distribution can be handled in one of two ways:

1. Family Agreement

If the surviving family members can agree on how to divide the proceeds, they may submit a signed family agreement to the court. The court will generally approve this distribution without a hearing.

2. Dependency Hearing

If the family cannot agree on how to distribute the proceeds, the court will hold a dependency hearing to determine each survivor’s financial dependency and emotional relationship with the deceased. The court will then allocate the proceeds accordingly.

At John J. Malm & Associates, we will guide you through this difficult process and help your family achieve a fair and amicable resolution.

Our Track Record of Results in Chicago Wrongful Death Cases

Our law firm has a proven history of success in wrongful death cases in Chicago and Cook County. Our track record includes:

• A settlement totaling nearly $4,000,000 for a fatal car accident in Chicago, which helped a grieving family cope with the devastating loss of a child.
• Numerous policy limits settlements we have secured on behalf of families who lost loved ones in fatal vehicle crashes, pedestrian accidents, and hit-and-run accidents in Chicago.

We are proud to have helped many families find financial security and justice after suffering unimaginable loss.

Why Choose John J. Malm & Associates for Your Chicago Wrongful Death Case?

“Our firm has stands with families who have endured the unimaginable pain of losing a loved one in a fatal accident.  A wrongful death claim is not just about financial recovery — it is about recognizing the love, support, and companionship that was tragically taken away, and acknowledging the grief and sorrow that surviving family members live with every day. We are committed to seeking justice and meaningful compensation for the families we represent.” – John J. Malm, Chicago wrongful death attorney

When you choose John J. Malm & Associates to handle your fatal accident claim, you can expect:

• 90+ years of combined legal experience
• Millions recovered for families of wrongful death victims
• Six award-winning attorneys committed to client advocacy
• Compassionate, respectful communication every step of the way
• Local offices in Naperville and St. Charles, with remote options, such as Zoom and Facetime, serving clients throughout Chicago and Cook County
• Experience you can count on. Justice you deserve.

Frequently Asked Questions (FAQs) about Chicago Wrongful Death Cases

1. Who can file a wrongful death lawsuit in Chicago?

In Illinois, a wrongful death lawsuit must be filed by the personal representative of the deceased person’s estate. This is usually the executor named in the deceased’s will or, if none exists, a representative appointed by the court. The lawsuit is brought on behalf of the deceased’s surviving spouse, children, parents, or next of kin.

2. How much time do I have to file a wrongful death claim in Chicago?

Under Illinois law, you generally have two years from the date of death to file a wrongful death lawsuit. Certain exceptions may apply, such as cases involving medical malpractice or a criminal act related to the death. It’s important to speak with a wrongful death attorney promptly to avoid missing the deadline.

3. What types of damages can be recovered in a wrongful death case?

In a wrongful death lawsuit, surviving family members may be eligible to recover:

• Funeral and burial expenses
• Medical bills related to the fatal injury
• Loss of financial support and future income
• Loss of companionship, love, and guidance
• Emotional distress, grief, and sorrow
• Punitive damages in cases of extreme misconduct

4. How are wrongful death settlement proceeds distributed in Chicago?

The proceeds of a wrongful death settlement in Illinois are distributed to the deceased’s next of kin. This can be done through a family agreement or, if the family cannot agree, the court may hold a dependency hearing to determine a fair distribution based on financial dependency and the relationship of each survivor.

5. Why should I hire a Chicago wrongful death attorney?

Wrongful death cases involve complex legal, procedural, and emotional challenges. An experienced Chicago wrongful death lawyer can help you:

• Investigate the accident and gather crucial evidence
• Navigate the legal process
• Calculate damages and negotiate with insurance companies
• Advocate for your family’s rights in court, if necessary

At John J. Malm & Associates, our team is committed to helping families in Chicago seek justice and financial security after a tragic loss.

Contact the Acclaimed Chicago Wrongful Death Attorneys at John J. Malm & Associates

If you have lost a loved one in a fatal accident due to negligence, you have legal options. The compassionate and experienced Chicago personal injury attorneys at John J. Malm & Associates will stand by your side, help you navigate this painful time, and fight for the justice and compensation your family deserves.

Contact us today for a free, confidential consultation. We will listen to your story, explain your legal rights, and help you determine the best course of action. Let us help you honor your loved one’s memory and hold the responsible parties accountable.