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"My Injury Guy" Scott DeSalvo
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Oak Brook Wrongful Death Lawyer

I Wish You Didn't Have to Read This

If you're here, something terrible happened. Someone you love died. And you're sitting there thinking it shouldn't have happened. Someone made a mistake. Someone wasn't careful enough. Someone didn't do their job.

Now you're trying to keep everything together while bills pile up, family members keep asking questions, and you're wondering how you're supposed to move forward without them.

I'm Scott DeSalvo. My office is right here in Oak Brook, and I've spent over 20 years helping families deal with wrongful death cases. Not just in Oak Brook, but all over the Chicago area.

Let me tell you about something that happened a couple years ago. Woman was driving home from work on 22nd Street. Another driver ran a red light at Route 83, T-boned her car. She died at the scene. Her husband called me the next day—I could hear his kids crying in the background. He asked me, "Scott, how do I even start to deal with this?"

I met him at his house that afternoon. Because when someone's world just fell apart, they need help now, not next week.

Here's what I need you to understand: I can't bring your loved one back. I really wish I could. What I can do is help your family get the money you deserve, make sure whoever's responsible answers for what they did, and try to take some weight off your shoulders during the worst time of your life.

And you don't need to come up with money to hire me. I work on contingency. I don't get paid unless you get paid. No upfront costs. Nothing out of your pocket.

Call me. We'll talk.

312-500-4500

I keep my phone on basically all the time. Late at night, early morning, weekends—just call.

Help & Answers From Top Oak Brook Wrongful Death Lawyer: One Call or Click Away

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Central Park, Oak Brook, IL

What Is Wrongful Death, Really?

The legal definition is complicated, but let me just tell you in regular words.

Wrongful death is when someone dies because another person or company did something wrong, was negligent, or didn't do what they were supposed to do.

Simple way to think about it: If your loved one could've sued for their injuries if they'd survived, you've got a wrongful death case.

How Do Most People Die in Wrongful Death Cases in Oak Brook?

Oak Brook's got its own character. Lots of businesses, major roads, shopping areas. I've worked plenty of cases here. Here's what I see most often:

Car Accidents and Traffic Deaths

Oak Brook has some seriously busy roads. Route 83. 22nd Street. I-88 and I-294 running right through here. Butterfield Road.

I've handled fatal accidents involving:

  • Someone texting and drifting into oncoming traffic on Route 83
  • Drunk driver on 22nd Street
  • High-speed crash on I-88
  • Intersection collision at 22nd and Meyers
  • Pedestrian hit in a crosswalk near Oakbrook Center

When you've got that much traffic and people who are distracted, in a hurry, or just don't care, people die.

Medical Mistakes

Oak Brook and the surrounding area have some good hospitals—Advocate Good Samaritan, Elmhurst Hospital, others nearby. Most doctors do solid work. But sometimes they screw up and people die.

Wrong diagnosis. Surgical error. Medication mistake. Anesthesia problem. Birth injury. Emergency room sends someone home who should've been admitted.

These cases are hard because hospitals have teams of lawyers. But that doesn't mean you can't win. I've done it.

Workplace Accidents

Oak Brook's got corporate offices, retail, restaurants, construction sites. People die at work more than you'd think.

Falls. Getting hit by vehicles or equipment. Electrocution. Construction accidents. Retail workers getting hurt in back rooms or loading docks.

Workers' comp might pay some benefits, but a wrongful death lawsuit can go after other parties—contractors, property owners, equipment manufacturers. Usually means more money for your family.

Nursing Home Neglect

We've got nursing homes and assisted living facilities throughout Oak Brook and nearby communities. When staff is overworked or undertrained, residents die from things that shouldn't happen.

Bedsores that get infected. Not getting enough food or water. Medication errors. Falls because nobody's watching. Sometimes even abuse.

If a nursing home's neglect killed your mom or dad, they need to answer for it.

Premises Liability

Businesses, property owners, landlords—they all have a duty to keep their property safe.

Someone slips on ice at a shopping center and dies from head trauma. Inadequate security in a parking lot leads to an assault. Deck collapses at a restaurant. Swimming pool accident at a hotel or residential complex.

If unsafe property killed your loved one, the property owner is liable.

Other Causes

Dog attacks. Defective products. Restaurant or bar fights where security should've intervened. Accidents at Oakbrook Center or other retail areas.

If you're not sure whether what happened counts, just call me. We'll talk it through.

What Do Real Clients Say About Mr. DeSalvo?

Who Files the Wrongful Death Lawsuit?

This confuses people, so let me break it down simply.

In Illinois, only one person can file—the personal representative of the estate. Usually that's whoever's named in the will. If there's no will, the court appoints someone. Typically a spouse, adult kid, or parent.

But Everyone Gets Their Share

Even though one person files, they're representing everyone who lost someone—spouse, kids, parents, other family.

When we settle or win, the money gets divided based on how dependent each person was on the deceased.

One Lawyer, One Case

Families sometimes ask if everyone needs their own lawyer. Nope. One wrongful death case covers everybody.

I handle all the probate court stuff—paperwork, filings, all of it. That's what you're hiring me for.

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What Money Can You Get?

Let me be honest: Money doesn't fix this. Doesn't bring them back. Can't do that.

But it helps in real ways. Pays bills. Replaces income. Covers your kids' future. Takes financial pressure off while you're grieving.

The Financial Stuff

Medical Bills

All the treatment they got from when they were hurt until they died. ER, hospital, surgery, ICU, medications, ambulance.

Funeral Expenses

In this area you're looking at ten to fifteen grand or more. Funeral home, casket, burial, service, headstone. Adds up fast.

Lost Income

Usually the biggest number. All the money they would've earned for the rest of their working life. Salary, raises, bonuses, benefits.

I work with economists who calculate this based on age, job, education, work history.

Benefits

Health insurance they provided. Life insurance. Pension. 401k. Social Security. All of that has value.

Services They Provided

Childcare. Home repairs. Cooking. Managing finances. Driving kids around. All that has economic value too.

The Non-Financial Stuff

Losing Your Spouse

You lost your partner. Your best friend. The person you were supposed to grow old with.

Kids Losing a Parent

Losing someone to guide them through life. To be there for the big moments. To teach them stuff.

The Emotional Pain

Grief. Depression. Anxiety. Trauma. The empty seat at every family dinner. This is real.

No Caps in Illinois

Good news: Illinois doesn't limit wrongful death damages. If a jury says your case is worth ten million, you get ten million.

Some limited exceptions for medical malpractice, but there are workarounds.

Except Punitive Damages

One thing Illinois doesn't allow: punitive damages. Those are the extra damages to punish really bad behavior.

You can get them in injury cases where the person survives, but not wrongful death. It's weird. I don't like it either.

But you can still get substantial compensation without them.

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How the Process Works

Step 1: We Talk

You call. We talk about what happened. I listen. I ask questions. I answer yours. I tell you straight up if I think you have a case.

Costs nothing. No commitment.

Step 2: I Start Investigating

If you hire me, I get to work right away. Police reports, medical records, witness statements, surveillance video if it exists.

I visit accident scenes personally. I take pictures. I figure out what went wrong.

Step 3: I Handle Probate

We need to set up the estate and get someone appointed as representative. Court paperwork and all that.

I do all of it. Don't worry about it.

Step 4: I Find Everyone Who's Responsible

Usually there's more than one defendant. The person who caused it, their employer, insurance companies, property owners, equipment makers.

More defendants means more potential money.

Step 5: I Demand Payment

Before filing a lawsuit, I usually send the insurance company a letter: "Here's what happened, here's why you're liable, here's what we want."

Sometimes cases settle here if they realize we've got them.

Step 6: I File If They Won't Pay Fair

If they're being unreasonable, I file a lawsuit in DuPage County or Cook County court, depending on the case.

Step 7: Discovery

Both sides exchange information. I ask questions under oath. Demand documents. Take depositions.

Takes months but it's where the case gets built.

Step 8: Settlement Negotiations

Most cases settle before trial. Insurance companies settle when they see you have a lawyer who knows what he's doing and isn't scared of trial.

Step 9: Trial If Necessary

If we can't settle for fair value, we go to trial. I've tried wrongful death cases in front of juries. Done it multiple times.

Step 10: You Get Paid

Once we settle or win, court approves distribution, we pay any estate debts, you get your money.

I keep you in the loop the whole time. Call me with questions anytime.

Aren't All Injury Lawyers Basically The Same...?

Knowledgable, Professional, Caring
"I was viciously attacked by a dog while running in my neighborhood, sending me to the hospital. While recovering I contacted Mr. DeSalvo. He's a knowledgeable , personable and trustworthy attorney. Scott and his team were very professional and caring while representing and advising me during my personal injury case."
Scott L

The Deadline to File

Important: You don't have unlimited time. Miss the deadline and you lose the right to sue. Forever.

Two Years for Most Cases

Illinois gives you two years from the date of death to file. Not from when they got hurt. From when they died.

Five Years for Murder

If someone intentionally killed your loved one, you get five years or one year after the criminal case ends, whichever is later.

Medical Malpractice Is Different

Medical cases have their own rules. Basically two years from when you found out about the malpractice, but never more than four years from when it happened.

If a doctor's mistake killed your loved one, call me sooner rather than later.

Don't Wait

Evidence disappears. Witnesses move. Videos get deleted. The longer you wait, the harder your case gets.

And your bills aren't waiting two years.

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Two Types of Lawsuits

Most people don't know Illinois gives you two different lawsuits.

Wrongful Death Action

This one's for the family. Compensates you for losing them—income, companionship, grief.

Survival Action

This one's for what they went through before dying. Pain, suffering, medical bills, lost wages during that time.

I Usually File Both

Why? More money for your family.

Example: Your wife was in a bad accident on Route 83. She was in the hospital for five days before she died. She was conscious and in pain.

Wrongful death action compensates you and your kids. Survival action compensates for those five days of suffering.

Personal Injury Attorney Scott DeSalvo

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Why People Hire Me

My Office Is Right Here in Oak Brook

Literally. 1000 Jorie Boulevard. I'm not some downtown Chicago lawyer. I know Oak Brook. I know Route 83 and 22nd Street. I know where accidents happen.

I Answer My Phone

Call me at 11 PM. Call me Saturday morning. I'll pick up.

Over 20 Years Doing This

Just injury and wrongful death cases. Nothing else. Not divorces. Not business law. Just this.

Twenty years means I know how these cases work, what they're worth, what insurance companies will try.

Advanced Training

I've spent over a hundred thousand dollars on trial training. Gerry Spence's Trial Lawyer's College. "The Edge" program.

Most lawyers never do training after law school. I do it because it makes me better.

You Talk to Me

Not a paralegal. Not some assistant. Me.

No Money Unless We Win

No retainer. No hourly fees. Nothing upfront. I only get paid if you get paid.

I've Tried Cases

Some lawyers settle everything because they've never been to trial. I've tried wrongful death cases. Won them.

Insurance companies know I'm willing to go to court. That's why I get better settlements.

Settled Quick, Kept Me Informed
"For one I liked that my case settled quickly and that the office always answered my questions and kept me informed about my case. I would recommend them to friends and family.."
Mercedes Thervil

Questions You've Got

What's It Worth?

Depends on a bunch of factors. I'll give you my honest opinion when we talk.

Do I Have to Testify?

Maybe. If we settle, probably not. If we go to trial, family members usually do. I prepare you if it happens.

How Long?

Simple cases, 6-12 months. Complex cases, could be a couple years. I work as fast as I can while making sure we get full value.

What About the Criminal Case?

You can sue regardless of what happens in criminal court. They're separate.

What If My Loved One Was Partly at Fault?

Illinois reduces your damages by their percentage of fault. But if they were more than 50% at fault, you can't recover anything.

What If They Don't Have Insurance?

I look everywhere—your insurance, employers, property owners, manufacturers, workers' comp. Sometimes I find money other lawyers don't.

Gets What You Deserve and More
Great lawyer and He really gets what you deserve and more! I recommend him to all my friends and family!
Sue Dickinson

Why This Matters to Me

When I was nine, my dad got seriously hurt at work. Truck driver. Hard worker. Then one day his back and neck got messed up permanently. Couldn't work anymore.

He hired a personal injury lawyer who treated him like garbage. Case went on for 17 years. At the end, his own lawyer sued him over fees.

Our family went from doing fine to struggling. I watched my dad deal with his injuries and with getting screwed by the legal system.

I worked through high school, put myself through college and law school, with one goal: Make sure what happened to my family doesn't happen to yours.

I only represent injured people. Never insurance companies. Never defendants. I take tough cases. I keep training to get better.

When I say your fight is my fight, I mean it.

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Call Me Right Now

Every day you wait, evidence disappears.

312-500-4500

Call anytime. Middle of the night, weekends, whatever.

We'll talk. I'll answer your questions. I'll tell you if you have a case.

Free. No pressure.

Your family deserves justice.

Read what our clients say.


Hiring Scott was one of the best moves I have made in my life. Scott is a down to earth person and attorney. Scott is a 5 star first class act who really knows his stuff. The Judge said his presentation was one of if not the best he had ever seen. Take my advice, hire Scott I’m sure you’ll be 200% satisfied I was.
Richard Lange
Cab Driver, Fall Down

Scott not only cares about the case, but he truly cares about his clients and that makes him the best lawyer I have ever met and hired! He won my case! He is thorough in everything he does. I highly recommend Scott, and will always refer him to family and friends.
Geannine Rowe
Geannine Rowe

I hired Scott DeSalvo upon a friend’s recommendation. His office kept me informed of developments as they happened, and I felt the settlement reached was fair considering my injuries. I would highly recommend Scott DeSalvo to represent your personal injury case.
Lisa Hibbard
Car Versus Pedestrian

Serving Oak Brook and Surrounding Communities

I work with families in Oak Brook and throughout the western suburbs—Downers Grove, Lombard, Westmont, Hinsdale, Clarendon Hills, Elmhurst, Villa Park, Wheaton, and the rest of DuPage County.

My office is right here at 1000 Jorie Boulevard in Oak Brook. Easy to get to.

Call Me: 312-500-4500

Other Practice Areas: Worker's Compensation | Nursing Home Abuse | Construction Accidents | Car Accidents | Truck Accidents | Slip and Fall | Dog Bites | Medical Malpractice | Motorcycle Accidents

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He Fought For Me
Scott’s team made me feel completely secure and taken care throughout the process of my case, and kept me updated regularly. They took fantastic care of me and fought for me and I cannot recommend them highly enough.
Geoff Mudd

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Law Office of Scott D. DeSalvo, LLC

Main Office:
1000 Jorie Blvd Ste 204
Oak Brook, IL 60523
New Cases: 312-500-4500
Office: 1 312-895-0545
Fax: 1 866-629-1817
service@desalvolaw.com

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None of the above is legal advice. Every case is different. Nothing above should suggest the promise of any particular outcome on your case. If you need a lawyer, it is an important decision you must consider carefully. This website contains promotional and informational material only. If you need a lawyer or have a case, seek the advice of an attorney immediately. Do not rely on the information contained on this website alone. It cannot take the place of the knowledge, experience, advice and judgment of a skilled, aggressive and ethical attorney. Copyright ©2025 DeSalvo Law - Full Disclaimer: desalvolaw.com/disclaimer