One detail catches nearly every grieving family off guard: in Illinois, the family doesn't file the wrongful death case — the estate does. The claim is brought by a personal representative, usually a spouse or adult child, who often has to be formally appointed by a court before anything can move forward. In the middle of mourning, that procedural hurdle can feel like one more wall. Clearing it for you is part of my job.
I'm Scott DeSalvo, and for almost 30 years I've stood with Chicago-area families after a preventable death. I take on the legal machinery so you can grieve. This page explains, gently and plainly, how these cases work in Illinois, and the conversation is always free and unhurried.
Because the estate brings the claim, the first steps are practical ones: opening the estate if it isn't already, having the personal representative appointed, and then filing on behalf of the surviving family. Whatever is recovered is later divided among the surviving spouse and next of kin according to their dependency and loss. For a Bellwood family, that process runs through the Cook County courts.
I handle all of it — the appointment, the estate, the filings, and the court proceedings — so the family isn't wrestling with probate paperwork on top of a funeral. You take care of each other; the machinery is mine.
Most families don't realize a single loss can support two separate claims, and a complete case usually brings both. The first is the family's claim for 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 the estate, and covers what they endured before passing: the conscious pain, the medical bills, the wages lost in that window.
Together they capture the full weight of the loss. Separately, or missed, part of the harm goes uncompensated — and families rarely know to ask.
I wish I could say an insurer treats a death with decency. The people sometimes do; the company doesn't. Its exposure is highest in exactly these cases, so it fights hardest — questioning how much the person contributed to the family, disputing who depended on them, and pressing a grieving family toward a fast, low settlement before the true loss is measured. An early offer is often built on the assumption that you're too overwhelmed to push back.
Bottom line: the accountability and security your family is owed won't come on their own — they have to be pursued, carefully, on your behalf.
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, take on what feels impossible right now, and never charge you anything unless I recover for your family.
I'm here whenever you need me, at any hour. Call 312-500-4500.
Whatever your family is facing, my main Bellwood Personal Injury Attorney page lays out every way I can help.
The personal representative of the deceased person's estate 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 loss. If no representative has been appointed, getting that handled is one of the first things I take care of for the family.
Generally two years from the date of death, though it can shift with the cause — a death involving medical malpractice or a government entity may carry different timing and notice rules. Because those exceptions can shorten the window considerably, and building the case well takes time, it's best to speak with a lawyer sooner rather than later.
It's a separate claim, 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 a complete case includes both.
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.
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. Having me review it costs nothing and tells you honestly where you stand.
Scott DeSalvo founded DeSalvo Law to help injured people throughout Chicago and surrounding suburbs. Licensed to practice law in Illinois since 1998, IARDC #6244452, Scott has represented over 3,000 clients in personal injury, workers compensation, and accident cases.
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