Wood Dale Wrongful Death Lawyer Asks:

Wood Dale Wrongful Death Lawyer

When a death is caused by negligence, Illinois law actually creates two separate claims, and understanding the difference matters to your family. One compensates the survivors for their loss going forward. The other reaches back to what your loved one themselves endured in the time between the injury and death. They're governed by different statutes, they compensate different harms, and a case that pursues only one of them leaves part of the loss unaddressed.

I'm Scott DeSalvo, and for almost 30 years I've walked DuPage County families through the aftermath of a preventable death. I take on the legal weight so you can grieve. This page walks through, gently and plainly, how these cases work in Illinois, and the conversation is always free and never rushed.

Two Claims, Two Different Losses

The first is the wrongful death claim, brought for the surviving family. It compensates what you lost when your loved one was taken — the financial support they provided, and the companionship, guidance, and presence that went with it, along with your grief and sorrow. The second is the survival claim, brought on behalf of the person who died and carried by their estate. It covers what they went through before passing: the conscious pain and suffering, the medical bills, the wages lost in that window.

A death with a period of suffering before it can support a substantial survival claim on top of the family's loss. Pursued together, the two tell the whole story; pursued as one, part of the harm goes uncompensated.

Who Brings the Case and Who Recovers

Neither claim is filed by "the family" as a group. Both are brought by the personal representative of the estate — usually a spouse or adult child, who often must be appointed by a court first — and the recovery is then divided among the surviving spouse and next of kin according to their loss. For a Wood Dale family, that process runs through the DuPage County courts. I handle all of it, from opening the estate to the court filings, so the family isn't managing probate on top of a funeral.

Bottom line: the accountability and security your family is owed won't come on their own — they have to be pursued, carefully, on your behalf.

What the Insurance Company Will Do

An insurer's exposure is highest in a death case, so it fights hardest — questioning how much the person contributed to the family, disputing who depended on them, and pressing a grieving family toward a quick, low settlement before the true loss is measured. An early offer is often built on the assumption that you're too overwhelmed to push back. You don't have to be, because that's my job.

What Your Employer's Insurer Is Really Doing

The company can be perfectly nice to your face and still be fighting your claim, because the decisions aren't made by your boss — they're made by an adjuster you'll never meet. That adjuster's playbook is predictable: send you to a doctor who clears you early, schedule an "independent" exam with a physician who mostly works for insurers, stop your wage checks at the first excuse, and argue the injury was pre-existing. What most lawyers won't tell you is how often these tactics work simply because the worker didn't know they could push back. You can.

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

[H3] What's the difference between a wrongful death claim and a survival claim?

A wrongful death claim compensates the surviving family for their loss — the support, companionship, and guidance they no longer have. A survival claim is brought on behalf of the person who died and covers what they endured before passing — conscious pain and suffering, medical bills, and lost wages in that period. Illinois allows both, and strong cases usually pursue them together so nothing is left uncompensated.

Who is entitled to file the case?

Both claims are filed by the personal representative of the estate — usually a surviving spouse or adult child, who may need a court to appoint them first. The recovery is then 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 handle that is one of the first things I do.

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.

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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