DeKalb County, IL Wrongful Death Lawyers

Compassionate Attorneys for Families Who Lose a Loved One in a Fatal Accident

The loss of a loved one is one of life’s most profound tragedies. When that loss occurs because of another party’s negligent, reckless, or intentional conduct, families in DeKalb County, Illinois, may pursue a wrongful death claim to obtain financial compensation and accountability. The legal process can be complex and emotionally demanding, but understanding how wrongful death cases work, what causes them, and how Illinois law defines damages and liabilities can help families make informed decisions during a difficult time.

At John J. Malm & Associates, we understand that when families come to us after a fatal accident, they are often facing the most difficult moment of their lives. With decades of experience handling wrongful death claims throughout DeKalb County and across Illinois, our attorneys combine meticulous legal advocacy with genuine compassion for the people we represent. We take the time to listen, investigate every detail, and pursue accountability from negligent individuals, companies, and institutions. Our commitment is simple: to shoulder the legal burden for grieving families while aggressively fighting for the justice, answers, and financial security they deserve.

What Is a Wrongful Death Claim in Illinois?

Under Illinois law, a wrongful death action arises whenever a death is caused by a wrongful act, neglect, or default that, if the person had survived, would have entitled them to pursue a personal injury lawsuit. The Illinois Wrongful Death Act provides a statutory right for survivors to seek damages on behalf of the decedent’s estate and next of kin.

This framework is guided by the core principle that a deceased person’s estate should have recourse when another party’s conduct deprives the family of financial and non-financial benefits the decedent would have provided. Wrongful death actions are civil in nature and are distinct from criminal prosecutions, although the same incident may give rise to both.

DeKalb County: Population, Deaths, and Relevant Local Data

DeKalb County, located in Northern Illinois, had an estimated population of approximately 100,512 residents in 2023, with a median age of 32.6 and a diverse demographic profile.

Local mortality reports illustrate the broader context in which wrongful deaths occur. According to the DeKalb County Coroner’s Annual Reports, the county records hundreds of deaths annually from natural causes, such as heart disease and cancer, as well as non-natural causes, including accidental injuries and motor vehicle accidents.

In 2024, the DeKalb County Sheriff’s Office reported 6 total fatal crashes within the county jurisdiction. These traffic fatalities, which often trigger wrongful death claims, highlight how unintentional injuries and crashes contribute to preventable loss of life locally.

Furthermore, statewide data from the Illinois Department of Public Health shows that accidents (often unintentional injuries) are among the leading causes of death in Illinois counties, including DeKalb. In 2022, recorded county data reflects hundreds of fatalities across categories such as heart disease, cancer, accidents, and other causes, indicating how common life-altering incidents can be across the region.

While specific county-level wrongful death lawsuit statistics are not centrally reported, these patterns of fatalities form the pool from which wrongful death claims often arise.

Common Causes of Wrongful Death Claims in DeKalb County, IL

Wrongful death claims emerge from a broad range of negligent and wrongful conduct. For families in DeKalb County, the following categories represent common factual scenarios that give rise to wrongful death lawsuits:

Motor Vehicle Crashes

Traffic accidents remain among the most frequent sources of wrongful death claims, both statewide and locally. Crashes involving cars, trucks, motorcycles, pedestrians, and bicycles can result from negligence such as speeding, distracted driving, and impaired driving, causing deaths that families may pursue through wrongful death actions.

In DeKalb County specifically, traffic fatalities documented by law enforcement spotlight the real risk that negligent driving poses to residents and visitors.

Medical Negligence

Medical malpractice, including misdiagnosis, surgical error, and failure to diagnose or treat serious conditions, can cause preventable deaths. Families in Illinois and DeKalb County can pursue wrongful death lawsuits when substandard medical care directly contributes to a loved one’s death.

Workplace Accidents

Fatal workplace incidents in construction, manufacturing, or industrial settings may result from employer negligence in providing safe working conditions, adequate training, or compliance with safety regulations. Such incidents often lead to wrongful death claims against employers, contractors, or equipment manufacturers.

Nursing Home Neglect

When elderly residents suffer neglect, abuse, or inadequate care in long-term care facilities resulting in death, families have grounds to file wrongful death actions against the facility and responsible caregivers.

Defective Products

Defective consumer products, unsafe machinery, or dangerous equipment can cause fatal injuries. Wrongful death claims may be filed against manufacturers, distributors, and retailers when design or manufacturing defects contribute to a death.

Legal Framework and How Wrongful Death Lawsuits Work in Illinois

Wrongful death claims in DeKalb County are governed by several interlocking principles of Illinois civil law, primarily under the Illinois Wrongful Death Act (740 ILCS 180/).

Who Can File a Wrongful Death Claim?

In Illinois, a wrongful death lawsuit must be filed by the personal representative of the deceased person’s estate. This representative is often appointed by the decedent’s will or by the court if there is no valid will. Once appointed, the personal representative pursues the claim on behalf of surviving family members, such as spouses, children, or parents.

Damages Available

Illinois wrongful death awards are intended to compensate surviving family members for both financial and intangible losses. Typical categories include:

• Funeral and burial expenses
• Lost financial support and earnings
• Loss of consortium, affection, and companionship
• Mental anguish and emotional distress
• Loss of instruction and guidance to children

Since August 2023, punitive damages may also be pursued in wrongful death cases filed on or after that date when the defendant’s conduct is particularly reckless or outrageous.

Unlike some states, Illinois does not cap compensatory damages in wrongful death lawsuits, meaning families may recover full compensation for their losses when liability is proven.

Statute of Limitations

Most wrongful death claims in Illinois must be filed within two years of the date of death. Special exceptions extend this time frame in cases involving violent or intentional conduct. Failure to file within the statutory period can bar recovery.

Comparative Fault

Illinois applies a modified comparative negligence rule: a surviving family member can recover damages only if the decedent’s share of fault was 50% or less, and any award is reduced proportionately by the decedent’s percentage of fault.

What DeKalb County Families Should Know About the Wrongful Death Lawsuit Process

Wrongful death lawsuits in DeKalb County are typically filed in the Illinois 23rd Judicial Circuit Court, which serves DeKalb and neighboring counties. The Circuit Court system handles civil litigation, including wrongful death actions, and may involve discovery, expert witnesses, negotiations with insurance companies, and, if necessary, trial before a judge or jury.

Because wrongful death claims often involve complex questions of liability, causation, and damages, many families engage experienced DeKalb County wrongful death attorneys to gather evidence, consult experts, negotiate with insurers, and advocate for full compensation.

Frequently Asked Questions about Wrongful Death Claims in DeKalb County, Illinois

Q: What constitutes a wrongful death in Illinois?
A: A death is considered wrongful when it results from another party’s negligent, reckless, or intentional act that would have supported a personal injury claim had the decedent survived.

Q: Who can file a wrongful death lawsuit in DeKalb County?
A: A wrongful death lawsuit must be filed by the personal representative of the decedent’s estate on behalf of surviving family members.

Q: How long do families have to file a wrongful death claim?
A: Generally, families have two years from the date of death to file a claim, with possible extensions in cases involving intentional violent conduct.

Q: What types of compensation are available?
A: Families may recover economic losses (e.g., lost income), funeral expenses, loss of companionship, emotional distress, and, in appropriate cases, punitive damages.

Q: Does Illinois cap damages in wrongful death cases?
A: Illinois does not impose caps on compensatory damages; punitive damages may also be available for egregious conduct.

Q: What if the negligent party was a government entity?
A: Claims against government entities may face special notice requirements and potential caps; consulting an attorney early is crucial to protect rights.

A Note on Strategy and Legal Representation

Wrongful death claims require thorough investigation, detailed documentation, and a nuanced understanding of Illinois law. Prompt action is essential; delays can jeopardize evidence and impair your family’s ability to pursue compensation under the statute of limitations.

“In wrongful death cases, it’s our role to lift the legal burden from grieving families so they can focus on healing, while we fight for full compensation and accountability for negligent conduct.” — John J. Malm, DeKalb County wrongful death attorney

Contact the Experienced DeKalb County, IL Wrongful Death Lawyers at John J. Malm & Associates

The sudden loss of a loved one due to someone else’s negligence or wrongful conduct is not only emotionally devastating but can also create profound financial and logistical challenges for survivors. In DeKalb County, families who have lost a loved one in motor vehicle crashes, medical malpractice, unsafe working conditions, or other wrongful scenarios may have the right to pursue a wrongful death claim under Illinois law.

Wrongful death claims involve intricate legal principles, strict deadlines, and complex negotiations with insurance companies or defendant parties. Families are best served by experienced legal advocates who understand how to gather evidence, maximize compensation, and guide them through each step with compassion and professionalism.

Contact John J. Malm & Associates today for a free consultation. Our dedicated DeKalb County wrongful death attorneys will review your case, explain your legal options, and fight to secure the financial compensation your family deserves. You do not have to navigate this difficult journey alone. Reach out now and protect your family’s future.