Maywood Wrongful Death Lawyer Asks:

Maywood Wrongful Death Lawyer

In a death case, it helps to understand what the insurance company is actually doing — because it fights these hardest and moves fastest with the lowest offer. When a negligent act kills someone, the stakes for the insurer are as high as they get, and it behaves accordingly. It knows the potential value of the claim is large, so it works to hold that value down from the very first day. Sometimes that means a fast, sympathetic-sounding offer to a grieving family before anyone has measured the full loss. Sometimes it means digging in and contesting everything. Either way, the goal is the same: pay as little as possible, as early as possible, before the family understands what the claim is really worth.

I am Scott DeSalvo, and for nearly 30 years I have stood between grieving Maywood families and the insurance companies that treat their loss as a number to be minimized. A family in the middle of the worst thing that has ever happened to them is not in a position to spar with a claims department, and they should not have to be. This page explains how insurers approach death cases, why the early lowball is so common, who can bring a claim in Illinois, and how a family resists the pressure and holds the responsible party accountable.

Why the Insurer Fights Hardest in a Death Case

A wrongful death claim represents one of the largest potential exposures an insurer faces, which is exactly why it resists so hard. The law allows the surviving family to recover for profound losses — the loss of the person's financial support, and the loss of their society, companionship, guidance, and relationship. Those numbers can be very large, and the insurer knows it. So it commits real resources to controlling the claim: challenging liability, questioning the value of the loss, and looking for any argument to reduce what it pays. Understanding that this resistance is deliberate — not a misunderstanding to be cleared up — changes how a family should respond to it.

The other side is organized and experienced at this, and a family standing alone is at a serious disadvantage. Leveling that field is the entire point of having a lawyer who handles these cases and is not moved by an insurer's tactics.

The Fast Lowball — and Why It Comes So Early

One of the most damaging things an insurer does is make a quick offer before the family has any way to know the claim's real value. It can look like compassion — a check offered in the first weeks, framed as helping the family through a hard time. But an early offer, made before the full loss has been measured, is almost always far below what the claim is worth, and accepting it typically forecloses anything more. Once a release is signed, the case is over, no matter what later comes to light.

The reason this works is that grieving families are overwhelmed and often facing sudden financial strain. The insurer is counting on exactly that. The single most protective thing a family can do is have a lawyer review any offer before signing anything — a review that costs nothing and can be the difference between a token payment and full accountability.

Who Can Bring a Claim in Illinois

Illinois channels a wrongful death claim through the estate's personal representative, and getting that person appointed is often the first task. The representative is usually a surviving spouse or an adult child, and a court may need to appoint them formally before the case can proceed. Whatever is recovered is then distributed among the surviving spouse and next of kin according to their dependency and their loss. If no one has been appointed yet, helping the family accomplish that is one of the first things I handle, so the claim can move forward without delay.

Sorting out who has the right to act, and coordinating among family members, is part of doing this properly. I guide families through those steps with as little added burden as possible during an already painful time.

The Wrongful Death Claim and the Survival Claim

Illinois actually allows two related claims after a death, and a complete case pursues both. The wrongful death claim compensates the surviving family for their own loss — the support, companionship, and relationship they will no longer have. The survival claim, brought through the estate, compensates for what the person themselves endured before death: conscious pain and suffering, medical expenses, and lost earnings in that period. They cover different losses, and leaving one out means leaving part of the case, and part of the recovery, on the table.

Pursuing both together is standard practice in a well-built case, and it matters to the family's ultimate recovery. I make sure the full scope of the loss is claimed, not just the part that is easiest to prove.

Deadlines and the Cause of Death

The deadline to bring a wrongful death case in Illinois is generally two years from the date of death, but the cause can change that. A death involving medical malpractice can carry the special discovery and outer-limit rules that govern malpractice cases. A death involving a government entity — a public agency, a municipal vehicle, a public facility — can carry much shorter notice requirements and deadlines, sometimes about a year. Because those exceptions can sharply shorten the window, and because building a strong death case takes time, speaking with a lawyer sooner rather than later protects the family's rights.

In an area with public agencies and major institutions, these shorter deadlines come up more than people expect. Identifying early whether one applies can be the difference between a viable case and a lost one.

How a Family Resists and Holds the Party Accountable

A family resists the insurer's pressure by refusing to negotiate alone, by preserving the evidence, and by being genuinely prepared to go to court. That means not signing anything early, not giving statements without advice, and letting a lawyer measure the full loss with the right experts before any number is discussed. It means moving quickly to preserve proof of what happened — because in a death case the evidence, like in any other, decays with time. And it means retaining someone the insurer knows is willing to try the case if it will not deal fairly.

My trial background — including training at Gerry Spence's Trial Lawyers College and the Keenan Trial Institute — is part of what makes that resistance credible. An insurer calculates its offers partly on whether your lawyer will actually take the case to a jury. Being ready to do so is what turns a lowball into a fair result, usually without a trial at all.

Speak With a Maywood Personal Injury Attorney

If your family lost someone to another's negligence, a Maywood Personal Injury Attorney can review any offer, explain your rights, and take on the insurer so your family does not have to. The conversation is free, I advance the costs, and you pay nothing unless I recover for your family.

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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