Itasca Wrongful Death Lawyer Asks:

Itasca Wrongful Death Lawyer

A wrongful death case can't undo what happened, and I won't pretend otherwise. What it can do is two concrete things: force the person or company responsible to answer for it, and protect the people your loved one was providing for. Those two goals — accountability and security — are what the law actually offers a grieving family, and they're worth pursuing precisely because nothing else can give them back what was lost.

I'm Scott DeSalvo, and for almost 30 years I've stood beside DuPage County families after a preventable death. I take on the legal machinery so you can grieve without a claims department in your ear. This page lays out, plainly and without pressure, how Illinois handles these cases, and the conversation is always free.

What Illinois Actually Lets a Family Recover

People assume "wrongful death" means one thing. In Illinois it's often two claims working together. The first belongs to the surviving family and covers what you lost — the financial support your loved one provided, and the companionship, guidance, and presence that went with it, along with your grief and sorrow. The second belongs to the person who died, carried by their estate, and covers what they themselves went through before passing: the pain, the medical costs, the earnings lost in that stretch of time.

Kept separate or missed, part of the harm goes unaddressed. Brought together, they tell the full story of the loss. Knowing to pursue both is one of the reasons experience matters in these cases.

The Practical Steps a Family Rarely Expects

Grief and paperwork don't mix, but Illinois procedure requires some of both. A wrongful death case is filed by the personal representative of the estate — usually a spouse or adult child, who often has to be formally appointed by a court first. Whatever is recovered is then divided among the surviving spouse and next of kin according to their loss.

None of that should land on a family in the middle of mourning, so I handle it: the appointment, the estate, the filings, and the court process at the DuPage County courthouse in Wheaton. Your job is to take care of each other; the procedure is mine.

Where These Cases Begin

A wrongful death claim can arise from almost any preventable harm — a fatal crash near the Elgin-O'Hare, a workplace death, a medical error, a fall, a dangerous product, neglect in a care facility. However it happened, the question at the center never changes: did someone's failure to use reasonable care cause this death, and can we prove it. Because there's only one chance to hold the right party accountable, these cases have to be built with care from the very first step.

Bottom line: the accountability and security your family deserves won't come on their own — they have to be pursued, deliberately and on your behalf.

When You're Ready, Reach Out

There's no clock on this conversation and no pressure in it. Whenever you feel able, call me and tell me what happened. I'll explain your family's rights, shoulder the parts that feel impossible right now, and never charge you anything unless I recover for your family.

I'm here at any hour you need me. Call 312-500-4500.

Here for Any Serious Injury or Loss in Itasca

Whatever your family is facing, my main Itasca Personal Injury Attorney page lays out every way I can help.

Frequently Asked Questions

Who has the right to file a wrongful death case in Illinois?

The estate's personal representative files it — usually a surviving spouse or adult child, who may need a court to appoint them first. The recovery is then shared among the surviving spouse and next of kin based on their dependency and loss. If no one has been appointed, getting that handled is one of the first things I take care of for the family.

Is there a deadline?

Generally two years from the date of death, but it can shift with the cause — a death tied to medical malpractice or a government entity may follow different timing and notice rules. Because those exceptions can shorten the window considerably, and because a strong case takes time to build, it's wise to talk with a lawyer sooner rather than later.

What's a survival claim, and do we need one?

A survival claim runs alongside the wrongful death claim. The wrongful death claim compensates the family's loss; the survival claim, brought through the estate, covers what your loved one endured before death — conscious pain, medical bills, and lost wages in that period. Illinois allows both, and a complete case usually includes both.

Can our family afford to bring this?

Yes, because it costs you nothing up front. I handle wrongful death cases on contingency and advance the litigation costs myself, so you pay only if I recover for your family — never out of pocket. A grieving family should not be handed a bill to seek justice.

An adjuster already contacted us with a number. What now?

Talk to a lawyer before you agree to anything. An offer made this early, before the full loss has been assessed, is almost always far short of the claim's value, and accepting it typically ends any chance of more. Having me review it costs nothing and tells you where you really stand.

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