Darien Wrongful Death Lawyer Asks:

Darien Wrongful Death Lawyer

There is a second claim that many families never hear about — the survival claim — and it is about what your loved one consciously endured in the time between the injury and death. When a person is hurt by someone else's negligence and does not die instantly, there is often a period of awareness: pain, fear, medical suffering, the knowledge of what is happening. Illinois law recognizes that this suffering belonged to your loved one and did not vanish when they passed. A complete case brings both the wrongful death claim for the family's loss and the survival claim for what the person themselves went through.

I am Scott DeSalvo, and in almost 30 years I have helped grieving families in DuPage County pursue the full measure of justice the law allows. Too often families are told only about the wrongful death claim and never learn that a separate, equally real claim exists. If you lost someone to a preventable injury in or around Darien — on the Stevenson, at a job site, in a hospital, in a nursing home — call me at 312-500-4500, and let me explain the whole picture.

Two Claims, Not One

When negligence causes a death in Illinois, the law provides two distinct claims, and understanding the difference is the key to a complete case. The wrongful death claim compensates the surviving family for their loss — the grief, the lost companionship, the lost financial support that the death took from them. The survival claim, brought through the estate, compensates for what the deceased person personally suffered before dying. They protect different people from different harms, and both belong in a full case.

Bringing only one of them leaves value — and justice — on the table. A defense that faces only a wrongful death claim escapes accountability for the conscious suffering it caused, and a family that pursues only one claim may never be made whole. When I handle a case like this, I make sure both claims are on the table, because that is what the law allows and what the loss deserves.

[H2] What the Survival Claim Covers

The survival claim is, in a real sense, the claim your loved one would have brought had they lived — and the estate now brings it for them. It covers the conscious pain and suffering they experienced between the moment of injury and the moment of death, along with the medical expenses incurred in that period and any lost wages. If a person survived a crash on the I-55 corridor for hours or days, or lingered after a preventable medical error, that period of suffering is precisely what the survival claim addresses.

Proving it takes careful attention to those final hours or days, which is part of what I do with such cases. Medical records, testimony, and the timeline of what happened all show whether and how much your loved one suffered while aware. It is a painful subject, and I approach it with care — but it matters, because Illinois law says that suffering counts, and a complete case honors it rather than ignoring it.

What the Wrongful Death Claim Covers

The wrongful death claim speaks to the hole left in the family — the relationships, support, and future that were taken. Illinois compensates the surviving spouse and next of kin for their grief and mental suffering, the loss of the deceased's companionship and society, and the loss of financial support and services the person provided. It recognizes that when a life is cut short by negligence, the people who loved and depended on that person carry a lasting loss.

Whatever is recovered is divided among the surviving spouse and next of kin according to their dependency and their loss. That division, and the appointment of someone to bring the case on the family's behalf, are handled through the probate and court process. It can feel like a maze at a time when a family has no energy for one, and guiding families through it is one of the first things I take off their shoulders.

Who Can Bring the Case and How

In Illinois, a wrongful death and survival case is brought by the personal representative of the deceased's estate, not simply by whoever was closest to them. That representative is often a surviving spouse or adult child, but a court usually must formally appoint them first. Until that appointment happens, the case cannot properly move forward, which surprises many families in the middle of their grief.

Getting that appointment in place is frequently the first concrete step I handle for a family. If no one has been named yet, I help the family petition the court to appoint a representative so the claim can proceed. It is a legal formality, but a necessary one, and taking care of it early keeps the case on track and preserves everyone's rights while the family focuses on grieving.

Deadlines and Why Early Matters

A wrongful death case runs on a deadline, and depending on how the death occurred, that window can be shorter than the usual two years. As a general rule, you have two years from the date of death, but the timing can change with the cause. A death involving medical malpractice carries its own discovery and repose rules, and a death involving a government entity can bring special notice requirements and much shorter deadlines. Assuming there is plenty of time is a dangerous mistake.

Building one of these cases well also simply takes time, which is another reason not to wait. Evidence has to be preserved, records gathered, and experts consulted, all while the estate appointment is being handled. Speaking with a lawyer sooner rather than later protects both the deadline and the quality of the case, and it costs nothing to have that conversation.

How I Handle These Cases and What They Cost

A grieving family should never be handed a bill to seek accountability, and with me they are not. I handle wrongful death and survival cases on contingency, advancing the litigation costs myself, so the family pays only if I recover for them and never out of pocket. The point is to make justice reachable for a family that is already carrying more than enough.

And if an insurer has already approached you with a quick offer, please talk to me before you sign anything. An offer made this early, before the full loss has been measured, is almost always far below the true value of the claim, and accepting it usually forecloses anything more. As a graduate of Gerry Spence's Trial Lawyers College and the Keenan Trial Institute, I bring a trial-ready posture that insurers respect — and that is what moves a case toward a resolution that reflects what your family actually lost.

The Fear That Keeps People From Getting Help

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.

Let's Talk — Free, No Strings

Call me and tell me what happened at work. I'll explain exactly what you're owed, flag whether there's a second claim hiding in your case, and tell you what to do next. It's free, and you pay nothing unless I recover for you — capped at 20% by Illinois law.

I answer the phone 24/7. Call 312-500-4500.

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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