Joliet Wrongful Death Lawyers

Compassionate Attorneys for Victims of Fatal Accidents in Joliet, Illinois

At John J. Malm & Associates, we understand that losing a loved one is one of the most devastating experiences a family can endure—especially when that loss was caused by someone else’s negligence. When tragedy strikes due to a preventable accident in Joliet, Illinois, families have the legal right to pursue a wrongful death claim to seek justice and compensation. Our experienced Joliet wrongful death attorneys are here to guide you through the legal process while you focus on grieving and healing.

Joliet, Illinois: A Growing Community with Serious Safety Concerns

Joliet is the third-largest city in the state of Illinois outside of Chicago, with a population of over 147,000 people according to 2020 U.S. Census data. As the county seat of Will County, Joliet sits at the crossroads of major interstates including I-80, I-55, and Route 6—making it a transportation hub, but also a hotspot for serious and fatal accidents.

According to IDOT crash data, Will County saw more than 17,000 motor vehicle crashes in 2022 alone, including 68 fatal crashes resulting in 70 fatalities. Joliet accounted for a significant portion of these incidents.

Additionally, construction site accidents, industrial mishaps, nursing home negligence, and medical errors also contribute to the wrongful death landscape in the Joliet area.

What Is a Wrongful Death Claim in Illinois?

Under the Illinois Wrongful Death Act (740 ILCS 180), a wrongful death claim may be brought when a person’s death is caused by the wrongful act another person or entity.

If the deceased person would have been entitled to file a personal injury lawsuit had they survived, then their surviving family members have the right to file a wrongful death claim instead. These claims allow families to recover damages for the emotional, financial, and practical losses caused by the untimely death of a loved one.

Common Causes of Wrongful Death in Joliet

At John J. Malm & Associates, we have handled wrongful death cases stemming from a wide range of accidents and negligent acts in Joliet and surrounding areas. The most common causes include:

1. Car and Truck Accidents

Motor vehicle collisions are one of the leading causes of wrongful death in Joliet. Negligent driving, speeding, distracted driving, drunk driving, and failure to yield are often to blame for these fatal crashes.

In 2022, IDOT reported:

• 513 crashes involving commercial motor vehicles in Will County
• 10 fatalities from semi-truck collisions in the Joliet area

2. Workplace and Construction Accidents

Joliet’s industrial base includes rail yards, warehouses, and construction sites. When safety protocols are ignored or equipment fails, fatal accidents can occur.

• The U.S. Bureau of Labor Statistics reports that Illinois saw 135 fatal occupational injuries in 2022, including 15 in construction and 33 in transportation.

3. Medical Malpractice

Medical errors, surgical mistakes, or failure to diagnose can result in preventable deaths. Hospitals serving the Joliet area include AMITA Health Saint Joseph Medical Center and Silver Cross Hospital. Mismanagement in emergency departments or nursing homes can also lead to fatal outcomes.

4. Nursing Home Negligence

Joliet has a growing elderly population, and residents often rely on long-term care facilities. Neglect—such as failure to treat infections, prevent falls, or monitor medications—can be fatal.

• A 2023 report by the Illinois Department of Public Health (IDPH) revealed over 150 substantiated complaints of neglect or abuse in long-term care facilities across the state, some involving fatal injuries.

5. Defective Products

Faulty machinery, defective vehicles, or unsafe consumer products can lead to catastrophic injuries or deaths. Manufacturers can be held strictly liable under Illinois product liability laws.

Who Can File a Wrongful Death Claim in Illinois?

Under 740 ILCS 180/2, a wrongful death action must be filed by the personal representative of the deceased person’s estate. This may be:

• A spouse
• An adult child
• A parent (if the deceased was a minor)
• Another court-appointed representative

The claim is brought for the exclusive benefit of the surviving spouse and next of kin, such as children, parents, or siblings, depending on the situation.

Types of Damages Recoverable in a Joliet Wrongful Death Claim

Illinois law allows Joliet families to recover both economic and non-economic damages in wrongful death lawsuits. These may include:

1. Economic Damages

• Funeral and burial expenses
• Medical bills incurred before death
• Loss of future income and benefits
• Loss of financial support to dependents

2. Non-Economic Damages

• Loss of companionship and society
• Loss of consortium (for a surviving spouse)
• Grief, sorrow, and mental suffering

3. Punitive Damages

Although punitive damages are generally not available under the Illinois Wrongful Death Act, they may be allowed under a survival action in certain egregious cases—such as reckless conduct or gross negligence.

Survival Action vs. Wrongful Death Claim

Illinois law also allows families to pursue a survival action under the Illinois Survival Act (755 ILCS 5/27-6). This is separate from a wrongful death claim and allows the estate to recover damages the deceased would have been entitled to had they lived, such as:

• Pain and suffering before death
• Lost wages between the injury and time of death
• Medical expenses incurred before death

In many cases, both a wrongful death claim and a survival action are filed simultaneously to maximize compensation.

Statute of Limitations for Wrongful Death in Illinois

In most cases, wrongful death lawsuits in Illinois must be filed within two years of the date of death. However, there are exceptions:

• Medical malpractice: Two years from the date of discovery, but no more than four years after the act.
• Minors: The time limit may be extended until the minor turns 18.

Because legal deadlines are strict and vary based on the circumstances, it’s critical to speak with an experienced wrongful death lawyer right away.

How Our Joliet Wrongful Death Lawyers Can Help

At John J. Malm & Associates, we are committed to helping families hold negligent parties accountable and recover the financial support they need. Our attorneys have successfully handled complex wrongful death claims in Joliet and across Will County, and we are well-versed in the legal, medical, and procedural aspects of these cases.

Here’s how we can help:

• Investigating the accident and identifying all responsible parties
• Preserving critical evidence, such as surveillance footage or accident reports
• Working with expert witnesses, including accident reconstructionists, economists, and medical professionals
• Calculating full damages, including future lost income and emotional losses
• Negotiating with insurance companies and litigating when necessary

Our Joliet personal injury lawyers handle wrongful death cases involving motor vehicle accidents, construction fatalities, product defects, nursing home abuse, and more. You pay nothing unless we win your case.

Frequently Asked Questions (FAQs) About Joliet, IL Wrongful Death Claims

Q: Who can file a wrongful death lawsuit in Joliet, IL?

A: Under Illinois law (740 ILCS 180), a wrongful death lawsuit must be filed by the personal representative of the deceased’s estate. This person is often named in the decedent’s will, or appointed by the court if there is no will. Although the representative files the claim, damages are awarded to the surviving spouse and next of kin, such as children or parents.

Q: How long do I have to file a wrongful death claim in Illinois?

A: In most cases, the statute of limitations is two years from the date of death. However, certain exceptions apply. For instance, if the death was due to medical malpractice, the deadline may extend based on when the injury was discovered. Because time limits vary depending on the facts, it’s important to speak with an experienced Joliet wrongful death lawyer as soon as possible.

Q: How are damages calculated in a wrongful death lawsuit?

A: Damages are based on both economic losses (like funeral expenses and lost income) and non-economic losses (such as grief and loss of companionship). Factors considered include the decedent’s age, health, earning capacity, and relationship with surviving family members. In some cases, expert economists and life care planners are used to calculate future financial losses.

Q: What if the person who caused the death is facing criminal charges—should I wait to file a civil case?

A: No, you do not need to wait for a criminal case to conclude. A civil wrongful death claim is separate from any criminal proceedings and has a different burden of proof (preponderance of the evidence vs. beyond a reasonable doubt). In fact, you should contact an attorney promptly to ensure the civil statute of limitations is preserved.

Q: Can I recover for emotional distress or grief?

A: Yes. Illinois law allows surviving family members to recover for grief, sorrow, and mental suffering in a wrongful death action. This includes the emotional toll of losing a spouse, parent, or child and is often a significant part of the damages awarded.

Q: How much is a Joliet wrongful death case worth?

A: Every case is unique. The value depends on many factors, such as:

• The decedent’s age and income
• The extent of financial and emotional loss to the family
• Circumstances of the death (e.g., negligence or recklessness)
  Wrongful death settlements and verdicts in Illinois often range from hundreds of thousands to several million dollars, depending on the facts of the case.

Q: How much does it cost to hire a Joliet wrongful death attorney?

A: At John J. Malm & Associates, we handle wrongful death claims on a contingency fee basis. That means you pay no legal fees unless we recover compensation for your family. Initial consultations are always free.

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

If you’ve lost a loved one due to someone else’s negligence, you deserve answers—and justice. The Joliet wrongful death attorneys at John J. Malm & Associates have the experience, resources, and compassion to guide your family through this difficult time. We serve clients in Joliet, Will County, and throughout Illinois.

Let us fight for the justice your family deserves. We are here to help you take the next step. Free consultations available in Joliet, Naperville, or virtually. Call 844-MALMLAW or (630) 527-4177, or fill out our online form to schedule your free consultation today.