Much of what a wrongful death case does is protect a family's future. When the person who anchored a household is suddenly gone, the mortgage, the kids' education, the day-to-day support don't stop — and Illinois law recognizes that loss and lets the family recover for it. That's not about assigning a price to a person, which is impossible. It's about making sure a preventable death doesn't take down everyone who depended on them, too.
I'm Scott DeSalvo, and for almost 30 years I've stood with DuPage County 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.
A death caused by negligence usually supports two claims in Illinois, and a complete case brings both. The family's claim 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. A second claim, brought through the estate, covers what your loved one themselves endured between the injury and death: the conscious pain, the medical bills, the wages lost in that window. Pursued together, they account for the whole of the harm.
A wrongful death case isn't filed by the family as a group. It's brought by the personal representative of the estate — often a spouse or adult child who has to be appointed by a court first — and the recovery is later shared among the surviving spouse and next of kin according to their loss. None of that should land on people in the middle of mourning, so I handle it: the appointment, the estate, the filings, and the court process through DuPage County. Your job is to take care of each other.
An insurer's exposure is highest in a death case, 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 calculated on the assumption that you're too overwhelmed to push back. You don't have to be.
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.
Two worries stop injured workers from calling a lawyer, and both are misplaced. First, the cost: in Illinois, a workers' comp attorney's fee is capped by law at 20% of the recovery — you pay nothing up front, and studies consistently show represented workers net more even after the fee. Second, the fear of getting fired: it's illegal in Illinois to fire or retaliate against you for filing a legitimate claim, and if it happens, you have a separate case for it.
Bottom line: comp is a right you earned, not a favor — and the deadline to protect it (three years, with that 45-day notice) starts running the day you're hurt.
Whatever your family is facing, my main Bensenville Personal Injury Attorney page lays out every way I can help.
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.
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.
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.
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. It costs nothing to have me review it and tell 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.
No Fee Unless You Win | Free Consultation | 24/7 Availability Call or Text: (312) 500-4500
>>Read More
Main Office:
1000 Jorie Blvd Ste 204
Oak Brook, IL 60523
New Cases: 312-500-4500
Office: 312-895-0545
Fax: 866-629-1817
service@desalvolaw.com
Chicago and Other Suburban Offices
By Appointment Only
