Elgin, IL Wrongful Death Lawyers

Award-Winning Attorneys for Families Who Lost a Loved One in a Fatal Accident in Elgin, Illinois

Losing a loved one unexpectedly is one of the most devastating experiences a family can endure. When the loss is caused by the negligence or wrongful conduct of another party, Illinois law allows surviving family members to pursue a wrongful death claim. These claims are designed to provide financial compensation for the economic and emotional impact of the loss, as well as to hold the responsible party accountable.

At John J. Malm & Associates, we have represented families in Elgin and throughout Kane County and Cook County who have suffered unimaginable losses. We understand that no amount of money can replace your loved one, but we also know that obtaining justice can help bring closure and secure the resources your family needs to move forward.

“When a family loses someone because of another’s negligence, the law offers a path to accountability and justice. Our role is to guide clients through the legal process with compassion while aggressively pursuing the results they deserve.” – John J. Malm, Elgin wrongful death attorney

Understanding Wrongful Death Claims in Elgin

In Illinois, wrongful death is governed by the Illinois Wrongful Death Act (740 ILCS 180/1). A wrongful death occurs when a person dies due to the wrongful act, neglect, or default of another person or entity. The claim can be brought if the deceased would have had a valid personal injury claim had they survived.

Common examples of situations leading to wrongful death claims in Elgin include:

• Fatal car, truck, or motorcycle accidents
• Pedestrian or bicycle accidents involving vehicles
• Medical malpractice
• Nursing home neglect or abuse
• Defective products
• Workplace or construction site accidents
• Criminal acts such as assault or homicide

These claims are civil lawsuits, separate from any criminal charges the responsible party may face.

Who Can File a Wrongful Death Claim in Elgin, Illinois?

Under Illinois law, a wrongful death claim must be filed by the personal representative of the deceased person’s estate. This representative is typically named in the deceased’s will. If there is no will, the court may appoint a personal representative, often a surviving spouse or adult child.

The personal representative files the claim for the benefit of the deceased’s surviving spouse and next of kin, which can include:

• Children (including adopted children)
• Parents
• Siblings (in some cases)

The damages recovered in a wrongful death case are distributed to these beneficiaries in proportions determined by the court.

Statistics on Fatal Accidents in Illinois

While wrongful death can result from many types of incidents, motor vehicle accidents remain a leading cause of such cases in Illinois. According to the Illinois Department of Transportation (IDOT):

• In 2023, Illinois recorded 1,195 traffic fatalities statewide.
• Kane County, which includes Elgin, reported 31 fatal crashes in 2023, resulting in 33 deaths.
• Pedestrians and bicyclists accounted for nearly 17% of statewide traffic deaths.

These numbers represent real families who have lost loved ones due to preventable tragedies.

Common Causes of Wrongful Death in Elgin

While every case is unique, certain scenarios appear frequently in Elgin wrongful death claims:

• Motor Vehicle Collisions: Including truck, motorcycle, and pedestrian accidents.
• Medical Negligence: Failure to diagnose, surgical errors, medication mistakes.
• Nursing Home Neglect: Falls, bedsores, untreated infections.
• Workplace Accidents: Falls from heights, equipment failures, exposure to hazardous substances.
• Premises Liability: Slip and falls, unsafe property conditions.
• Defective Products: Faulty machinery, unsafe consumer goods, automotive defects.

Proving Liability in an Elgin Wrongful Death Case

To succeed in a wrongful death claim, your lawyer must prove four key elements:

1. Duty of Care: The defendant owed the deceased a legal duty (e.g., a driver must obey traffic laws).
2. Breach of Duty: The defendant failed to meet that duty (e.g., ran a red light).
3. Causation: The breach of duty directly caused the death.
4. Damages: The surviving family suffered losses as a result.

Evidence in wrongful death cases can include:

• Police reports and accident reconstructions
• Medical records and autopsy reports
• Eyewitness testimony
• Expert opinions (e.g., accident reconstruction specialists)
• Photographs, surveillance video, or black box data

A skilled Elgin personal injury attorney can gather and present this evidence to build the strongest possible case.

Damages Available in Illinois Wrongful Death Claims

Illinois wrongful death law allows for recovery of both economic and non-economic damages, including:

• Economic Damages:
  • Loss of financial support the deceased would have provided
  • Funeral and burial expenses
  • Medical expenses related to the injury before death
• Non-Economic Damages:
  • Loss of companionship, guidance, and consortium
  • Emotional suffering and grief of surviving family members

In some cases, punitive damages may also be awarded to punish particularly reckless or intentional conduct, although these are less common in Illinois wrongful death claims.

How a Personal Injury Lawyer Helps in an Elgin Wrongful Death Case

Wrongful death claims can be legally complex and emotionally exhausting for grieving families. An Elgin personal injury lawyer can help by:

• Conducting a thorough investigation into the cause of death
• Identifying all potential defendants and sources of recovery
• Handling all communications with insurance companies
• Working with experts to determine the full extent of damages
• Negotiating for a fair settlement or taking the case to trial if necessary

An attorney’s goal is to protect your rights, relieve the legal burden during your time of grief, and ensure you receive the compensation you deserve.

The Wrongful Death Process in Elgin, Illinois

The process of pursuing a wrongful death claim in Elgin typically involves:

1. Initial Consultation: Discuss the facts and evaluate potential claims.
2. Investigation: Gather evidence, interview witnesses, and consult experts.
3. Filing the Claim: Submit a formal complaint in the appropriate court.
4. Discovery: Exchange information and take depositions.
5. Negotiation: Attempt to reach a settlement before trial.
6. Trial: Present the case before a judge or jury if no settlement is reached.
7. Distribution of Damages: The court determines how funds are divided among beneficiaries.

Frequently Asked Questions about Elgin, IL Wrongful Death Claims

Q: What is the difference between a wrongful death claim and a survival action?
A: A wrongful death claim compensates the family for their losses, while a survival action allows recovery for damages the deceased suffered before death, such as pain and suffering. Both can often be filed together.

Q: Can I file a wrongful death claim if there is also a criminal case?
A: Yes. Civil and criminal cases are separate. A criminal conviction can help support your civil claim, but it is not required.

Q: How much is my wrongful death case worth?
A: The value depends on factors like the deceased’s age, income, life expectancy, and the circumstances of the death. An attorney can provide a case-specific evaluation.

Q: What if my loved one was partially at fault?
A: Illinois follows a modified comparative negligence rule. As long as the deceased was less than 50% at fault, compensation may still be available, reduced by their percentage of fault.

Q: Do I have to go to court?
A: Many wrongful death claims are resolved through settlements, but some proceed to trial if a fair agreement cannot be reached.

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

At John J. Malm & Associates, we know that wrongful death claims require more than legal skill, they require compassion, patience, and respect for the grieving process. We work tirelessly to uncover the truth, hold negligent parties accountable, and secure justice for our clients.

We have successfully represented families in Elgin and throughout Illinois in cases involving car accidents, medical malpractice, nursing home abuse, and other tragic circumstances. Our firm handles every aspect of your case so you can focus on your family during this difficult time.

Contact the Award-Winning Elgin Wrongful Death Attorneys at John J. Malm & Associates

If you have lost a loved one in Elgin due to someone else’s negligence, you deserve answers, accountability, and justice. At John J. Malm & Associates, we will stand by your side and fight for the compensation you and your family are entitled to under Illinois law.

Call us today at (630) 524-2323 or fill out our online form for a free, no-obligation consultation. We work on a contingency fee basis, meaning you pay nothing unless we win your case. Let us help you get the compensation you deserve for your loss.