Glen Ellyn Wrongful Death Lawyer Asks:

Glen Ellyn Wrongful Death Lawyer

When a family loses someone to another party's negligence, no one warns them that before they can seek justice, they will have to walk into probate court. In the middle of grief, a family expecting to focus on a funeral and each other suddenly learns that in Illinois, a wrongful death case cannot simply be filed by whoever is closest to the person who died. It must be brought by the estate's personal representative — and if no one has been appointed, a court has to appoint one first. That is a probate step most families have never heard of, at the worst possible moment to learn it. It is one of the first things a good lawyer takes off their shoulders.

My name is Scott DeSalvo, and for nearly 30 years I have helped Illinois families through wrongful death cases. Part of that work is legal strategy, and part of it is simply carrying the procedural weight — the appointments, the filings, the steps a grieving family should never have to figure out alone. If your family has lost someone in or around Glen Ellyn because of someone else's negligence, call me at 312-500-4500, any hour. The conversation is free and there is no pressure.

The Probate Step Families Never Expect

Before a wrongful death claim can move, Illinois requires that someone be legally authorized to act for the person who died. That person is the personal representative of the estate — often a surviving spouse or adult child — and they usually must be formally appointed by a court. Until that appointment exists, there is no one with legal standing to bring the case. Families are frequently blindsided by this: they assume the right to sue passes automatically to the next of kin, and instead they find a probate process standing between them and any claim.

Handling that appointment is one of the first things I do, so it never becomes an obstacle. I help the family get the right person appointed and positioned to act, so the wrongful death case can proceed on schedule rather than stalling at the courthouse door in Wheaton while a deadline runs.

Two Claims, Not One

A death caused by negligence gives rise to two distinct Illinois claims, and complete cases pursue both. The first is the wrongful death claim, which compensates the surviving spouse and next of kin for their loss — the grief, the lost companionship and guidance, and the financial support the person would have provided. The second is the survival claim, brought through the estate, which covers what the person themselves endured before passing: conscious pain and suffering, medical expenses, and lost wages in that final period. They compensate different losses, and leaving one out leaves value — and a measure of accountability — on the table.

Understanding that both exist matters because an insurer will not volunteer it. A settlement framed around only one of the two claims quietly shortchanges the family, and recognizing the difference is part of building the case fully.

Who Recovers, and How It Is Divided

Illinois wrongful death recovery does not go to the estate at large — it goes to the surviving spouse and next of kin, divided according to their dependency and loss. That means the amount each family member receives reflects how much they depended on and were affected by the loss of the person who died. When there are multiple survivors, that division can raise its own questions, and it is handled with the court's involvement. It is one more layer families do not anticipate, and one more thing that goes more smoothly with a lawyer guiding it.

My role is to make sure the recovery is both maximized and distributed as the law provides. Families should be able to focus on grieving, not on refereeing a process no one explained to them.

The Causes Behind These Cases

Wrongful death in a community like Glen Ellyn arises from the same negligence that causes serious injury — it simply crosses a fatal line. A catastrophic crash on Roosevelt Road or at a Metra grade crossing, a fall from a dangerous property condition, a medical error like a missed diagnosis, neglect in a care facility — any of these can take a life. What matters legally is not the label on the accident but whether someone's negligence caused the death, and whether the evidence can prove it. That proof, as in any injury case, is strongest when it is preserved early.

Because the cause shapes the case, the details are worth getting right from the start. How the death happened determines who is responsible, what must be proven, and — critically — what deadlines apply.

Deadlines Change With the Cause

Illinois generally allows two years from the date of death to bring a wrongful death case, but the cause of death can change that. A death involving medical malpractice can carry the malpractice discovery rules and their four-year outer limit; a death involving a government entity can trigger special notice requirements and a much shorter window. These exceptions can compress the time you have sharply, and they are easy to overlook while a family is grieving and probate is still being sorted out. Building a wrongful death case well also takes time — which is one more reason not to wait.

Speaking with a lawyer early is not about rushing the family — it is about protecting the claim while the family grieves. An early call lets me start preserving evidence and handling the procedural steps quietly in the background.

Cost Should Never Stand Between a Family and Accountability

A grieving family should not be handed a bill to seek justice, and with me they are not. I handle wrongful death cases on contingency and advance the litigation costs myself, so the family pays nothing up front and owes a fee only if I recover for them. That structure exists so that a family's ability to hold a negligent party accountable does not depend on what they can afford in the middle of a loss.

And an early settlement offer is almost never the answer. An adjuster who approaches your family quickly, before the full loss has been measured, is offering far less than the claim is worth, and accepting usually forecloses anything more. Let me review any offer before your family signs — there is no cost to knowing where you truly stand.

Lean on a Glen Ellyn Personal Injury Attorney to Carry the Weight

In the hardest moment a family faces, a Glen Ellyn Personal Injury Attorney can shoulder the legal and procedural burden so you can be present for one another. The call is free, it commits you to nothing, and it can bring some order to a process no one prepared you for.

Frequently Asked Questions

Who is entitled to file a wrongful death case in Illinois?

The estate's personal representative — usually a surviving spouse or adult child, who may need a court to appoint them first. Whatever is recovered is divided among the surviving spouse and next of kin based on their dependency and loss. If no one has been appointed yet, helping the family get that done is one of the first things I handle.

How long do we have to bring the case?

Generally two years from the date of death, though it can change with the cause — a death involving medical malpractice or a government entity can follow different timing and notice rules. Because those exceptions can shorten the window sharply, and building the case well takes time, it's best to speak with a lawyer sooner rather than later.

What is a survival claim, and is it separate?

Yes, it's separate and usually pursued 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 passing — conscious pain, medical expenses, and lost wages in that period. Illinois allows both, and complete cases pursue both.

Can our family afford to do this?

Yes — it costs 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 accountability.

An adjuster already offered us money. Should we accept?

Please talk to a lawyer before signing anything. An offer made this early, before the full loss has been measured, is almost always far below the claim's value, and accepting it usually forecloses anything more. It costs nothing to have me review it and tell you honestly where you stand.

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