Willowbrook Wrongful Death Lawyer Asks:

Willowbrook Wrongful Death Lawyer

An insurance company is never more exposed than in a death case, and that's exactly why it fights one the hardest. The potential value is high, so the carrier digs in — questioning how much the person really contributed to the family, disputing who depended on them, and pressing a grieving family toward a quick, low settlement before anyone has measured the true scope of the loss. Standing between your family and that pressure is a large part of my job.

I'm Scott DeSalvo, and for almost 30 years I've helped DuPage County families through the aftermath of a preventable death. I'll carry the legal load 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 Case Is About the Living

However it's framed in a courtroom, a wrongful death case is really about the people left behind — the spouse without a partner, the children without a parent, the family whose financial footing vanished overnight. Illinois law recognizes that. It allows the surviving family to recover for the support the person would have provided and for the loss of their companionship, guidance, and presence, along with the family's grief and sorrow.

No sum replaces a person. What a case can do is keep the loss from becoming a second catastrophe — the kind where grief is compounded by losing the home, the stability, or the future your loved one was building.

Illinois Often Allows Two Claims

Most families don't realize a single loss can support two separate claims, and a well-built case usually brings both. One is the family's claim for their loss. The other belongs to the person who died, carried by their estate, and covers what they themselves endured between the injury and death — the conscious pain, the medical bills, the wages lost in that window. Together they account for the whole of the harm; separately, part of it goes uncompensated.

Who Files, in Practical Terms

Here's a step that catches families off guard: the 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 then divided among the surviving spouse and next of kin according to their loss. Handling that machinery, including the estate and the court process at the DuPage County courthouse in Wheaton, is precisely the part I take off a grieving family's shoulders.

When You're Ready, Reach Out

This conversation carries no rush and no pressure. Whenever the moment feels right, 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.

Here for Any Serious Injury or Loss in Willowbrook

Whatever your family is facing, my main Willowbrook Personal Injury Attorney page lays out every way I can help.

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 real 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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