DuPage County Wrongful Death Lawyers

Compassionate DuPage County Attorneys for Families Who’ve Lost a Loved One in a Fatal Accident

Losing a loved one due to someone else’s negligence or misconduct is a devastating experience. In DuPage County, Illinois, families who have lost a loved one under such circumstances may have the right to seek justice through a wrongful death claim. Wrongful death lawsuits provide a way for families of victims of a fatal accident to get compensation for their financial and emotional losses while holding the responsible parties accountable.

At John J. Malm & Associates, we recognize the profound loss families face after a wrongful death, and we are dedicated to providing compassionate, skilled legal representation. With more than 90 years of combined litigation experience, our award-winning team of personal injury lawyers has helped families throughout DuPage County secure the compensation they deserve. From our offices conveniently located in Naperville and St. Charles, we stand ready to fight for justice and provide the support grieving families need.

Understanding Wrongful Death Claims in Illinois: What Are They?

Wrongful death claims in Illinois are governed by the Illinois Wrongful Death Act (740 ILCS 180/). This law allows a personal representative of the deceased’s estate to seek compensation on behalf of surviving family members after a loved one is killed in a fatal accident. The primary goal of a wrongful death claim is to address the financial and emotional hardships caused by the family member’s untimely death.

Types of Accidents That Can Lead to a Wrongful Death Case

Wrongful death claims arise from various types of accidents and incidents, including:

1. Car Accidents – Car crashes, especially those caused by reckless driving, drunk driving, distracted driving, or speeding, are common causes of wrongful death claims.
2. Truck Accidents – Commercial truck accidents often result in fatalities due to the sheer size and weight of the vehicles involved.
3. Motorcycle Accidents – Motorcyclists are at a higher risk of fatal injuries due to limited protection in a crash.
4. Pedestrian and Bicycle Accidents – When motorists fail to yield or drive recklessly, pedestrians and cyclists can suffer fatal injuries.
5. Medical Malpractice – Fatalities caused by surgical errors, misdiagnosis, medication errors, or inadequate medical treatment can lead to wrongful death lawsuits.
6. Workplace Accidents – Construction site accidents, industrial accidents, and exposure to hazardous substances can result in fatal injuries.
7. Nursing Home Negligence – Elderly individuals in nursing homes may suffer fatal injuries due to neglect, abuse, or medical errors.
8. Defective Products – Product liability claims can arise when dangerous or defective products, such as faulty car parts or unsafe medications, lead to death.
9. Premises Liability Accidents – Fatalities resulting from unsafe property conditions, such as slip-and-fall accidents, inadequate security, or structural failures, may be grounds for a wrongful death claim.

Wrongful Death Statistics in DuPage County and Illinois

While specific wrongful death statistics for DuPage County are limited, statewide data provides insight into trends:

• Motor Vehicle Fatalities: According to the Illinois Department of Transportation, there were 1,341 traffic-related fatalities in Illinois in 2023, with a significant number occurring in suburban areas like DuPage County.
• Workplace Fatalities: The U.S. Bureau of Labor Statistics reported 135 workplace fatalities in Illinois in 2022, with construction and transportation sectors accounting for most deaths.
• Medical Malpractice Fatalities: Studies estimate that medical errors cause over 250,000 deaths nationwide annually, making it the third-leading cause of death in the U.S.

Who Can File a Wrongful Death Claim?

In Illinois, a wrongful death lawsuit must be filed by the personal representative of the deceased’s estate. This person is often named in the deceased’s will or appointed by the court if no representative is designated.

What Types of Damages are Recoverable in a DuPage County Fatal Accident Case?

Compensation in wrongful death cases may include:

• Economic Damages: Medical bills incurred before death, funeral and burial expenses, lost wages and benefits, and loss of future financial support.
• Non-Economic Damages: Loss of companionship, emotional distress, and loss of parental guidance for children.
• Punitive Damages: In cases involving egregious misconduct, additional damages may be awarded to punish the responsible party and deter similar behavior.

The compensation awarded in a wrongful death lawsuit is intended to be distributed to the surviving spouse, children, or next of kin.

Statute of Limitations for DuPage County Death Claims

Illinois law generally mandates that wrongful death lawsuits be filed within two years of the date of death. However, exceptions may apply in cases involving minors, medical malpractice, or government entities, which may have different deadlines.

Steps in Filing a Wrongful Death Claim in DuPage County

1. Consult an Attorney – An experienced DuPage County wrongful death attorney can evaluate your case and guide you through the legal process.
2. Investigation and Evidence Collection – Gathering medical records, accident reports, witness statements, and expert testimony is crucial to establishing a wrongful death lawsuit.
3. Filing the Lawsuit – The fatal accident attorney will file the wrongful death complaint in the appropriate DuPage County court division.
4. Discovery Phase – Both sides exchange evidence and build their case.
5. Negotiation and Settlement – Many DuPage County wrongful death cases are resolved through settlements before going to trial.
6. Trial Process – If no settlement is reached, the case goes to trial, where a DuPage County judge or jury determines the outcome.

Contact the Award-Winning DuPage County Wrongful Death Lawyers at John J. Malm & Associates

Pursuing a wrongful death claim in DuPage County can be a complex process, requiring legal expertise and thorough evidence collection. Families seeking justice should consult with an experienced attorney to navigate the legal system effectively and maximize compensation. By holding negligent parties accountable, wrongful death claims serve to prevent future tragedies while providing financial relief to grieving families.

If your loved one was killed in an accident, contact the top-rated DuPage County wrongful death attorneys at John J. Malm & Associates for a free consultation. Our experienced injury attorneys are dedicated to guiding you and your family through this difficult time and getting you the compensation you deserve. Let us help you navigate this challenging time with compassion, experience, and dedication.