Wood Dale Nursing Home Injury Lawyer Asks:

Brookfield Wrongful Death Lawyer

When a family loses someone to another's negligence, one of the first hard questions the law asks is not who was at fault, but who among the survivors is entitled to recover — and how the recovery gets divided. A wrongful death claim in Illinois does not simply pay a lump sum to "the family." It is brought by the estate's personal representative on behalf of the surviving spouse and next of kin, and what is recovered is then divided among them according to their dependency on and loss from the person who died. That dependency question — who relied on the deceased, financially and otherwise, and to what degree — sits at the very heart of the claim. It shapes who shares in the recovery and how much each receives, and it is often where these cases become genuinely complicated for grieving families.

I am Scott DeSalvo, and for nearly 30 years I have helped Brookfield-area families through wrongful death claims with the seriousness and care they deserve. These are never just cases; they are the worst days of a family's life. My job is to handle the legal machinery — the appointments, the proof, the negotiation with well-defended parties — so the family can grieve. You can reach me any time at 312-500-4500, I advance the costs myself, and there is no fee unless I recover for your family.

Who Can File: The Personal Representative

In Illinois, a wrongful death claim is brought by the personal representative of the deceased's estate — not by each relative individually. That representative is usually a surviving spouse or an adult child, and if no one has yet been appointed, a court must appoint one before the case can move forward. This is not a formality to dread; it is one of the first things I help families accomplish. Getting the right person appointed as representative clears the path for the entire claim, and doing it early prevents delay down the line.

Who Recovers: The Surviving Spouse and Next of Kin

The people who benefit from a wrongful death recovery are the surviving spouse and the next of kin, and Illinois law directs that the recovery be divided among them in proportion to their loss. Next of kin typically means the closest surviving relatives — a spouse and children first, and if there are none, then parents, siblings, and others further out. The claim compensates them for what the death took from them: financial support, and also the loss of the deceased's society, companionship, guidance, and relationship. Sorting out who is included, and in what proportion, is central to how the case resolves.

The Dependency Question at the Heart of the Case

Because the recovery is divided by loss, the case turns on dependency — who counted on the person who died, in what ways, and how much. A surviving spouse and minor children who depended on the deceased's income and daily presence stand in a different position than an adult relative who did not. Dependency is not only about money; Illinois recognizes the loss of companionship, care, and guidance as real losses. When a family is close and everyone shared in the deceased's life, the division can be straightforward. When circumstances are more complicated — estrangements, blended families, adult children in different situations — the dependency analysis is where the difficult questions get worked out, and it deserves careful, honest handling.

The Survival Claim Runs Alongside It

A wrongful death claim is often paired with a separate survival claim, and understanding the difference matters. The wrongful death claim compensates the family for their own loss going forward. The survival claim, also brought through the estate, compensates for what the deceased person themselves endured before passing — the conscious pain and suffering, the medical expenses, and the lost wages in that final period. Illinois allows both, and a complete case pursues both, because they redress two genuinely different harms.

What a Wrongful Death Case Can Recover

Illinois wrongful death and survival claims together can recover a broad range of losses, and valuing them fully is essential. These include the financial support the family has lost and would have received in the future, the loss of the deceased's society and companionship, the grief and mental suffering of the survivors, and — through the survival claim — the pain, medical bills, and lost income the person experienced before death. A thorough evaluation looks at the whole future the family was deprived of, not just the immediate expenses.

Deadlines and Early Offers

Illinois generally allows two years from the date of death to bring a wrongful death claim, but the cause of death can change the timing. A death involving medical malpractice or a government entity can follow different deadlines and special notice rules, some of them much shorter. Meanwhile, an insurer may approach the family with a settlement offer early — before the full loss has even been measured. Those early offers are almost always far below the claim's real value, and accepting one usually closes the door on anything more. It costs nothing to have the offer reviewed before anyone signs.

Let a Brookfield Personal Injury Attorney Carry the Legal Weight

In the middle of grief, no family should have to navigate appointments, deadlines, and adjusters alone — a Brookfield Personal Injury Attorney can carry that weight for you. A single free conversation can tell you who can recover, what the claim is worth, and what to do next, without any obligation.

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.

<<Go To Main Page>>