Downers Grove Wrongful Death Lawyers

Highly-Rated Attorneys for Downers Grove Families Who Lose a Loved One in an Accident

Losing a loved one due to another’s negligent, reckless, or intentional conduct is one of life’s most devastating experiences. When that loss happens in Downers Grove, whether from a car crash, pedestrian collision, or another fatal incident caused by someone else’s harm, the surviving family members are often left facing emotional trauma, financial uncertainty, and unanswered questions. Wrongful death claims exist to provide a legal avenue for families to seek compensation and accountability in the wake of such tragedies.

At John J. Malm & Associates, we provide experienced, trial-focused representation to families facing the unimaginable loss of a loved one due to negligence or wrongful conduct. Our Downers Grove injury firm has a long-standing reputation for handling complex wrongful death claims with a combination of legal precision, relentless advocacy, and genuine compassion. We understand that these cases are not just about statutes and insurance policies, they are about accountability, financial security, and honoring a life that should never have been lost. From the moment a family contacts us, we work to uncover the truth, identify every responsible party, and pursue full and fair compensation while treating our clients with the dignity and respect they deserve.

What Is a Wrongful Death Claim?

A wrongful death claim is a legal action brought when someone dies as the result of another person’s negligent or wrongful acts. Under Illinois law, a claim can be filed by the personal representative of the deceased’s estate on behalf of surviving beneficiaries, such as a spouse, children, or other dependents. These claims are distinct from criminal charges. While a negligent driver might face DUI or reckless homicide charges, a wrongful death claim is a civil action focused on compensating the family for losses suffered as a result of the death.

Wrongful death claims can arise from a broad range of incidents, including:

• Motor vehicle accidents
• Pedestrian collisions
• Medical malpractice
• Workplace accidents
• Defective products
• Premises liability (e.g., unsafe property conditions)
• Criminal acts that result in fatal injuries

Fatalities and Wrongful Death Patterns in Downers Grove

Within Downers Grove itself, fatal crashes continue to be reported, underscoring the risks on local roads. Data compiled from city-level statistics show multiple fatal traffic accidents in recent years. For example:

• In 2022, there were three fatal car crashes in Downers Grove, resulting in three fatalities, including involvement of pedestrians in several incidents.
• In 2021, two fatal accidents resulted in two deaths.
• In 2020, three fatal crashes led to three fatalities.
• In 2019, four fatal accidents were recorded, with four fatalities.
  These figures illustrate that fatal traffic collisions are not isolated events in the Village and provide context for the types of incidents that may give rise to wrongful death claims.

Recent news reports highlight specific tragic events. In July 2025, a pedestrian died after being struck by a vehicle on Ogden Avenue in Downers Grove, a serious crash resulting in the loss of life and profound impacts on the victim’s family.

Other local cases include a 2019 DUI crash where a high school student was fatally struck after another driver ran a red light in Downers Grove, later resulting in criminal charges and sentencing.

These real-world incidents demonstrate how common causes of wrongful death, such as negligence behind the wheel, impaired driving, failure to obey traffic laws, and unsafe vehicle operation, can lead to fatal outcomes that devastate families.

Illinois Wrongful Death Statistics

Statewide data further emphasizes the broader context in which these Downers Grove incidents occur. According to recent Illinois crash statistics:

• Illinois records more than 1,200 traffic fatalities annually, with 1,196 traffic deaths in 2024 and similar levels in prior years.
• In 2022, there were 1,268 traffic deaths across the state in 1,147 fatal crashes.
• Across Illinois, motor vehicle collisions remain a leading cause of preventable death and a primary basis for wrongful death claims filed by families.

These statewide figures help illustrate that fatal crashes are tragically common, and wrongful death claims serve as a crucial legal mechanism for response when loss occurs.

Common Causes of Wrongful Death Claims in Downers Grove, Illinois

In Downers Grove and throughout Illinois, wrongful deaths arise from many different negligent or wrongful situations. The most frequent causes include:

Motor Vehicle and Pedestrian Accidents

• Car crashes involving reckless drivers, distracted driving, or red-light violations.
• DUI or impaired driving collisions resulting in fatal injuries.
• Pedestrian collisions, particularly in crosswalks or areas with high traffic volume.
• Train or transit incidents, including collisions at crossings or with pedestrians.

Motor vehicle collisions, including those involving pedestrians or cyclists, are among the leading causes of wrongful death claims in the United States and in Illinois, accounting for a substantial portion of annual fatalities.

Workplace and Construction Accidents

Fatal injuries on construction sites or in industrial settings due to unsafe conditions, equipment failures, falls, or lack of safety protocols can give rise to wrongful death claims against employers or contractors.

Defective Products

Products that malfunction or contain defects, such as automotive components, machinery, or consumer goods, may cause fatal accidents, creating liability for manufacturers, distributors, and retailers.

Premises Liability

Unsafe property conditions (such as unmarked hazards, poor lighting, or inadequate security) that result in fatal injuries can lead to wrongful death claims against property owners.

Regardless of the circumstances, all wrongful death claims require a showing that someone’s negligent, reckless, or intentional conduct directly led to a fatal injury. The legal analysis often involves complex investigations, expert testimony, and careful documentation of fault.

Who Can File a Wrongful Death Claim in Illinois?

Under the Illinois Wrongful Death Act, a wrongful death lawsuit must be brought by the personal representative of the decedent’s estate. The personal representative is typically appointed through the probate process. Once appointed, the representative can pursue damages on behalf of the deceased’s surviving beneficiaries.

Eligible surviving beneficiaries can include:

• The deceased’s spouse
• Children (biological or adopted)
• Other dependents financially supported by the deceased

If no personal representative is appointed, Illinois law provides alternative procedures for filing claims, but strict procedural requirements must be met. An attorney familiar with wrongful death litigation can assist families through these steps to ensure that the claim is filed correctly and within the applicable deadlines.

Damages in Downers Grove Wrongful Death Claims

In wrongful death actions, families may recover several categories of compensation, including:

• Economic damages:
  • Funeral and burial expenses
  • Medical costs incurred before death
  • Loss of the deceased’s expected income and benefits
  • Loss of financial support to the family
• Non-economic damages:
  • Pain and suffering endured by the deceased prior to death
  • Loss of companionship, guidance, and consortium for family members
  • Emotional distress
• Punitive damages (in rare cases):
  Punitive damages are intended to punish the defendant for egregious conduct and are available when the defendant’s actions are particularly reckless or malicious.

The total financial impact of a wrongful death extends far beyond immediate expenses. Families suffer the loss of emotional support, future contributions, and the personal presence of a loved one, losses that monetary awards seek to compensate as fully as possible.

Investigating a Downers Grove Wrongful Death Claim

A thorough investigation is essential to establish liability in a wrongful death claim. Typical steps include:

• Collecting official reports from police, medical examiners, or safety inspectors.
• Securing evidence such as accident scene photos, vehicle data, or surveillance footage.
• Interviewing witnesses and experts to reconstruct events.
• Obtaining medical records that document the deceased’s injuries and treatment.

This investigative work lays the foundation for identifying negligent parties and pursuing full compensation on behalf of the decedent’s family.

A Lawyer’s Perspective on Wrongful Death Claims

At John J. Malm & Associates, we understand that no amount of money can replace a loved one. Wrongful death claims are profoundly emotional, and pursuing justice while grieving can feel overwhelming. As John J. Malm, a seasoned DuPage County trial attorney, has observed:

“When a careless or negligent person takes someone’s life, families are left with emotional and financial burdens they never anticipated. Our job is to hold negligent parties accountable and help families secure compensation that honors their loss and provides financial stability.”

This philosophy guides our approach to wrongful death representation: compassionate, determined, and focused on achieving results that matter to families.

Frequently Asked Questions about Downers Grove Wrongful Death Cases

Q: What is the time limit to file a wrongful death claim in Illinois?
A: The Illinois Wrongful Death Act generally requires that a claim be filed within two years from the date of the decedent’s death, but exceptions and specific rules may apply depending on the circumstances. Prompt consultation with an attorney ensures compliance with deadlines.

Q: Can criminal charges affect a wrongful death claim?
A: Yes. Criminal prosecution of a negligent driver (such as DUI or reckless homicide) operates independently of a civil wrongful death claim. Families can pursue compensation regardless of criminal outcomes.

Q: What types of evidence are important in wrongful death cases?
A: Key evidence includes police reports, medical records, expert testimony, witness statements, accident reconstructions, and documentation of economic losses such as income and expenses.

Q: Is compensation available for emotional losses?
A: Yes. Wrongful death claims can include damages for loss of companionship, guidance, and support, which are non-economic losses specific to each case.

Q: Do I have to go to court?
A: Many wrongful death cases resolve through settlement negotiations with insurance companies. However, if a fair settlement cannot be reached, taking the case to trial may be necessary to maximize compensation.

Contact the Trusted Downers Grove Wrongful Death Lawyers at John J. Malm & Associates

The loss of a loved one due to someone else’s negligence is a deeply painful and life-altering event. In Downers Grove and across Illinois, wrongful death claims provide a legal path for families to seek accountability and compensation for their losses. Whether the fatality resulted from a traffic crash, unsafe conditions, or reckless conduct, the financial and emotional impact on surviving family members can be profound. Understanding your rights, the claims process, and the evidence required is essential for pursuing justice.

If you have lost a loved one in a preventable accident or negligent incident in Downers Grove or the surrounding area, our experienced Downers Grove wrongful death attorneys are here to help. Contact John J. Malm & Associates today for a free, compassionate, comprehensive review of your case and aggressive advocacy to secure the compensation your family deserves. Let us carry the legal burden while you focus on healing and honoring your loved one’s memory.