Naperville Wrongful Death Lawyers

Compassionate Naperville Wrongful Death Attorneys Representing Families of Victims of Fatal Accidents

At John J. Malm & Associates, our Naperville wrongful death attorneys understand the profound pain and emotional trauma that comes with the unexpected loss of a loved one in a fatal accident. If your family is grappling with the aftermath of such a tragedy, pursuing a wrongful death claim under the Illinois Wrongful Death Act (740 ILCS 180) may provide your family with the compensation and justice you deserve.

Our experienced Naperville fatal accident attorneys bring 90 years of combined experience in personal injury and wrongful death litigation. We are here to guide you through this difficult process with compassion, dedication, and the legal expertise required to secure a favorable outcome for your family.

What Is the Illinois Wrongful Death Act?

The Illinois Wrongful Death Act provides surviving family members with the right to seek compensation when a loved one’s death is caused by the negligent, reckless, or intentional actions of another party. The purpose of this law is to:

1. Provide Financial Relief: Compensate families for the economic and non-economic losses resulting from the death.
2. Hold Negligent Parties Accountable: Ensure responsible parties are held liable for their actions.

A wrongful death claim is typically brought by the personal representative of the deceased’s wrongful death estate on behalf of surviving family members, such as a spouse, children, or parents.

Who Can File a Wrongful Death Claim?

In Illinois, only the personal representative of the deceased’s wrongful death estate may file a wrongful death claim. This individual is often named in the decedent’s will. If no such representative is designated, the court may appoint one.

The claim is pursued on behalf of the deceased person’s next of kin, which may include:

• A surviving spouse
• Children (including adopted children)
• Parents
• Other family members who were financially dependent on the deceased

Common Causes of Wrongful Death Claims in Naperville

Fatal accidents that lead to wrongful death claims can occur in a variety of circumstances. Some of the most common causes include:

1. Motor Vehicle Accidents

Car, truck, and motorcycle accidents are among the leading causes of wrongful death in Illinois. Fatal collisions often result from reckless driving, DUI, distracted driving, or poorly maintained roadways.

2. Medical Malpractice

When healthcare providers fail to meet the standard of care, resulting in a patient’s death, surviving family members may pursue a wrongful death claim. Common examples include surgical errors, misdiagnosis, or medication mistakes.

3. Workplace Accidents

Fatal injuries sustained on the job, especially in industries like construction or manufacturing, can lead to wrongful death claims against negligent employers, contractors, or equipment manufacturers.

4. Defective Products

When a defective or dangerous product causes fatal injuries, the manufacturer, distributor, or retailer may be held liable under Illinois product liability laws.

5. Premises Liability

Unsafe conditions on someone else’s property, such as slip-and-fall hazards or inadequate security, can result in fatal accidents, giving rise to a wrongful death claim.

Damages Recoverable for Naperville Wrongful Death Lawsuits

The Illinois Wrongful Death Act allows families to seek compensation for a variety of economic and non-economic losses. These damages are designed to provide financial support and recognize the emotional impact of the loss.

Economic Damages

• Funeral and Burial Expenses: Costs associated with the decedent’s funeral and burial services.
• Loss of Financial Support: The income the deceased would have provided to their family over their lifetime.
• Medical Expenses: Costs incurred before death due to the accident or injury.

Non-Economic Damages

• Loss of Consortium: The loss of companionship, guidance, and emotional support provided by the deceased.
• Grief and Sorrow: Compensation for the emotional suffering of surviving family members.

Under Illinois law, these damages are distributed among surviving family members according to their level of dependence on the deceased.

How the Statute of Limitations Affects Your Wrongful Death Claim

In Illinois, wrongful death claims are subject to a two-year statute of limitations (735 ILCS 5/13-209). This means you must file your claim within two years of the deceased’s date of death.

There are limited exceptions, such as cases involving medical malpractice or fraud, where the discovery rule may extend the filing deadline. Consulting with an experienced Naperville wrongful death attorney promptly is critical to ensuring you meet all necessary deadlines.

Proving a Wrongful Death Claim in Illinois

To succeed in a wrongful death case, your attorney must prove the following elements:

1. Duty of Care: The defendant owed a duty of care to the deceased (e.g., a driver has a duty to drive safely).
2. Breach of Duty: The defendant breached this duty through negligent, reckless, or intentional actions.
3. Causation: The defendant’s breach directly caused the fatal injuries.
4. Damages: The death resulted in quantifiable losses for surviving family members.

Our top wrongful death attorneys in Naperville know how to gather compelling evidence, such as accident reports, medical records, expert testimony, and witness statements, to build a strong case.

Frequently Asked Questions About Naperville Wrongful Death Claims

1. What Is the Difference Between Negligence and Wrongful Death?

Negligence refers to a breach of a duty of care that causes injury or harm to another person. Wrongful death is a legal claim that arises when negligence or other wrongful acts directly result in someone’s death. Essentially, wrongful death is a consequence of negligence or intentional wrongdoing that causes the ultimate harm—death.

2. What Is the Difference Between a Wrongful Death Claim and a Survival Action?

While a wrongful death claim compensates surviving family members for their losses, a survival action seeks damages the deceased could have pursued had they survived, such as pain and suffering before death. Both claims can often be pursued simultaneously.

3. How Long Does a Wrongful Death Claim Take?

The timeline varies depending on the complexity of the case and whether it goes to trial. Many claims are resolved within 12–18 months, but complex cases may take longer.

4. Can More Than One Family Member File a Wrongful Death Claim?

No, only one person, the personal representative of the deceased’s wrongful death estate, can file the claim. However, any damages obtained through a settlement or judgment are distributed either through a family agreement reached later or by a court order following a hearing. The person acting on behalf of the wrongful death estate must seek appointment as a special representative under the Illinois Wrongful Death Act to file the wrongful death complaint.

5. How Are the Proceeds of a Wrongful Death Settlement Distributed?

Under Illinois law, the proceeds of a wrongful death settlement are distributed among the deceased’s next of kin, such as a surviving spouse, children, or parents. The allocation is typically based on the degree of dependency and the emotional and financial support provided by the deceased to each family member. If there are disputes among family members about the distribution of proceeds, the court may step in to approve or adjust the allocation.

6. What If the Deceased Person Did Not Have a Will?

If the deceased did not have a will, the court will appoint a special representative under the Illinois Wrongful Death Act to file the claim on behalf of the estate and surviving next of kin. The special representative ensures that the wrongful death claim is properly pursued and that the proceeds are distributed according to the court’s directives and the family’s needs.

Contact the Dedicated Naperville Wrongful Death Attorneys at John J. Malm & Associates

If your family is grieving the loss of a loved one due to a fatal accident, let the experienced Naperville fatal accident attorneys at John J. Malm & Associates help. We serve clients in Naperville, St. Charles, and throughout Illinois, providing dedicated legal representation and compassionate support during the most challenging times.

Contact us today for a free consultation. We’re here to answer your questions, explain your rights, and fight for the justice your family deserves.