Will County Wrongful Death Lawyers

Compassionate Attorneys For Victims of Fatal Accidents in Joliet, Romeoville, and Bolingbrook

At John J. Malm & Associates, we are deeply invested in the well-being of families across Will County who have lost loved ones under tragic or negligent circumstances. We understand the life-changing impact of a wrongful death and are committed to providing compassionate legal representation. With offices serving Joliet, Plainfield, Crest Hill, and other towns throughout Will County, we have a proven track record of securing justice and fair compensation for grieving families. Though money cannot replace a loved one, it can help provide stability, accountability, and a stronger foundation for moving forward. Our compassionate Will County personal injury attorneys are here to help you and your family get the compensation you deserve.

“Losing a loved one due to someone else’s negligence is one of the most painful experiences a family can endure,” says John J. Malm, Will County fatal accident attorney. “In Will County, we work closely with families to help them find justice—not only by pursuing fair compensation, but by holding wrongdoers accountable and honoring the memory of those who were taken too soon.”

Understanding Wrongful Death in Will County

What is a wrongful death claim?

A wrongful death claim arises when a person dies due to the negligence, reckless act, or intentional misconduct of another. In Illinois, such claims are governed by the Illinois Wrongful Death Act (740 ILCS 180). In Will County—and throughout the state—these claims allow the surviving spouse, children, or next of kin to sue responsible parties, including drivers, property owners, employers, and even government entities. Unlike criminal prosecutions, wrongful death suits are civil matters that focus on compensating survivors for financial and non‑financial losses.

Who can file a wrongful death lawsuit in Will County?

The Illinois Wrongful Death Act grants standing to the deceased’s surviving spouse and next of kin—typically children, parents, or siblings. In Will County, families who’ve lost spouses, children, or parents in fatal crashes, workplace incidents, or acts of violence have filed successful wrongful death suits, seeking compensation for losses suffered in the wake of such tragedies.

Types of Damages Recoverable in Will County Wrongful Death Claims

Under Illinois law, damages in a wrongful death case include both economic and non‑economic losses. Surviving family members may seek:

• Funeral, burial, and medical expenses from the decedent’s final illness or injuries.
• Loss of financial support, including projected income and inheritance.
• Loss of companionship and consortium, covering emotional support and familial relationships.
• Mental anguish and grief, serving as compensation for survivors’ emotional suffering.
• Punitive damages, now available where the defendant’s conduct was especially reckless or intentional.

Unlike many states, Illinois generally places no cap on wrongful death damages, except when suing a government entity, which is capped at $2 million unless a negligent state vehicle is involved.

Statute of Limitations for Wrongful Death Lawsuits

Timing is critical in wrongful death claims:

• Two-year statute of limitations: Generally, wrongful death lawsuits in Illinois must be filed within two years of the decedent’s death.
• Extended deadlines: If death results from criminal violence, the period extends to five years, and plaintiffs may also wait up to one year after criminal proceedings conclude to file.

Missing these deadlines often results in the claim being barred, emphasizing the need for hiring an experienced Will County wrongful death lawyer right away.

Common Causes of Wrongful Death in Will County

Car and Truck Accidents

Vehicle collisions are among the leading causes of wrongful death suits here in Will County. Cases often involve:

• Negligent driving, like excessive speed or distracted operation.
• Drunk or drug-impaired drivers—a persistent problem in Will County and statewide.
• Distracted driving—cell phones, GPS use, or other distractions behind the wheel.
• Commercial drivers and trucking companies, where liability can extend beyond the driver to employers and maintenance providers.

Worksite Fatalities

Construction and industrial accidents—often involving falls, machinery, or chemical exposure—can lead to wrongful death claims, sometimes involving corporations, contractors, or equipment manufacturers.

Medical Malpractice

Though less frequent, medical negligence in hospitals or clinics within Will County can be the basis for wrongful death claims (e.g., surgical errors, misdiagnosis).

Legal Process of a Will County Wrongful Death Claim

Investigation and Liability

Wrongful death cases begin with thorough investigations—gathering police reports, witness statements, medical records, surveillance footage, and sometimes expert testimony on accidents or medical causation.

Proving Fault and Damages

Illinois applies modified comparative negligence: a plaintiff can recover damages if they’re less than 50% at fault, although their recovery is reduced by their share of fault. For claims involving government entities, special notice requirements and caps may apply; punitive damages require pre-approval from the court.

How Families Are Compensated in Will County After the Death of a Loved One

Settlements vs. Trials

Most wrongful death cases are resolved through settlements, which avoid lengthy trials and provide swifter financial relief. However, cases involving egregious conduct—such as punitive damages claims or disputed liability—may proceed to trial.

Insurance Coverage

Most defendants rely on liability insurance to cover judgments. Coverage must be sufficient to address claims, especially large awards involving medical costs, lost income, and emotional damages.

Frequently Asked Questions About Wrongful Death Lawsuits in Will County

Q: Who can file a wrongful death lawsuit in Will County?
A: Typically, the surviving spouse, children, and—if none exist—parents or siblings of the deceased.

Q: How much time do I have to file a wrongful death lawsuit?
A: Generally, two years from the date of death.

Q: What types of damages can be recovered?
A: Compensation can include funeral costs, lost income, inheritance loss, loss of companionship, mental suffering, and—since August 2023—punitive damages for egregious conduct.

Q: Are wrongful death claims capped in Illinois?
A: No—except when sued against a government entity, where caps are limited to $2 million unless caused by a negligent state vehicle.

Q: Does comparative fault apply?
A: Yes. Survivors cannot recover damages if they are 50% or more at fault, but they can recover a reduced amount if they’re less than 50% responsible.

Q: Do I need a lawyer?
A: Yes. Wrongful death cases in Will County often involve complex issues like evidence collection, fault allocation, insurance negotiations, and statutory compliance. Legal counsel ensures your rights are protected and all avenues for compensation are exhausted.

Why Choose John J. Malm & Associates for Your Will County Wrongful Death Case?

At John J. Malm & Associates, we have dedicated wrongful death attorneys with extensive experience in Will County courts. We understand how critical it is to act fast—both to preserve evidence and meet legal deadlines. Our clients benefit from:

• Aggressive representation, whether negotiating with insurers or litigating in court
• Thorough investigations using accident reconstruction experts, medical specialists, and investigative teams
• Compassionate support that balances emotional needs with legal strategy
• Skill securing maximum compensation, even pursuing punitive damages when warranted

Our dedicated Will County wrongful death attorneys have handled cases across Joliet, Plainfield, Romeoville, Crest Hill, Bolingbrook, and beyond. From fatal car crashes to workplace tragedies, law enforcement-related deaths, and more, we drive accountability and justice.

Contact the Award-Winning Will County Wrongful Death Lawyers at John J. Malm & Associates

If your loved one was fatally injured due to another’s negligence or misconduct, time is limited—and your future is at stake. Contact the seasoned Will County fatal accident attorneys at John J. Malm & Associates today for a free consultation. We work on a contingency basis, meaning you pay nothing unless we win.

Let our experience and dedication guide your family through legal complexities, so you can focus on healing. Reach out now—because justice delayed is justice denied.