Lombard Wrongful Death Lawyers

Compassionate Attorneys for Families Who Lose a Loved One

Losing a loved one because of another person’s negligence is one of the most devastating experiences a family can endure. In addition to overwhelming grief, surviving family members are often left facing unexpected medical bills, funeral expenses, lost income, and countless unanswered questions. While no amount of compensation can replace a family member, Illinois law allows certain surviving relatives to pursue a wrongful death claim to hold the responsible party accountable and obtain financial support for the losses they have suffered.

If your loved one died in a car accident on Interstate 355, a truck crash on Roosevelt Road, a workplace accident, a nursing home negligence incident, medical malpractice, or another preventable event in Lombard or elsewhere in DuPage County, you may have legal rights under the Illinois Wrongful Death Act.

At John J. Malm & Associates, our experienced Lombard wrongful death attorneys understand the emotional and financial toll these tragedies take on families. For more than 30 years, attorney John J. Malm has helped families throughout DuPage County seek justice after preventable deaths caused by negligence.

Wrongful Death Accidents in Lombard and DuPage County

Although wrongful deaths occur in many different circumstances, motor vehicle crashes remain one of the leading causes of accidental fatalities in Illinois. According to the Illinois Department of Transportation (IDOT), 1,240 people were killed in Illinois traffic crashes during 2024, while DuPage County continues to experience dozens of fatal crashes and hundreds of serious injury crashes each year.

The Chicago Metropolitan Agency for Planning (CMAP) reports that DuPage County experienced approximately 210 traffic fatalities and 1,858 serious injuries between 2018 and 2022, demonstrating that fatal crashes remain a significant public safety concern throughout suburban communities like Lombard. Young adults between ages 21 and 24 experienced the highest fatality rates during that period.

Wrongful death claims in Lombard may arise from:

• Car accidents
• Truck accidents
• Motorcycle accidents
• Bicycle accidents
• Pedestrian accidents
• Medical malpractice
• Nursing home abuse and neglect
• Construction accidents
• Workplace accidents
• Defective products
• Dangerous property conditions
• Fatal dog attacks
• Aviation accidents

Regardless of how the fatal incident occurred, families deserve answers about what happened and whether someone else’s negligence caused the loss.

What Is a Wrongful Death Claim?

A wrongful death claim is a civil lawsuit brought when someone’s negligence, recklessness, or intentional misconduct causes another person’s death. Unlike a criminal prosecution, a wrongful death lawsuit seeks financial compensation for surviving family members rather than criminal punishment.

Illinois wrongful death claims are governed by the Illinois Wrongful Death Act (740 ILCS 180), which allows the personal representative of the deceased person’s estate to bring a lawsuit on behalf of the surviving spouse and next of kin.

The purpose of the law is twofold:

• To compensate surviving family members for their losses.
• To hold negligent individuals and businesses accountable.

Common Causes of Wrongful Death in Lombard

Fatal accidents occur in many different settings. Some of the most common causes include:

Motor Vehicle Accidents

Fatal car accidents remain one of the leading causes of wrongful death lawsuits. Common causes include:

• Distracted driving
• Drunk driving
• Speeding
• Failure to yield
• Running red lights
• Fatigued driving
• Reckless driving

Busy roadways serving Lombard, including Interstate 355, Interstate 88, Roosevelt Road (IL-38), Butterfield Road, North Avenue (IL-64), and Main Street, experience heavy daily traffic, increasing the risk of serious crashes.

Commercial Truck Accidents

Large truck collisions frequently result in catastrophic or fatal injuries because of the tremendous size difference between commercial trucks and passenger vehicles. Truck accident wrongful death claims may involve:

• Truck drivers
• Trucking companies
• Cargo loaders
• Maintenance contractors
• Vehicle manufacturers

Federal trucking regulations often play a significant role in these cases.

Medical Malpractice

Doctors, hospitals, nurses, and other healthcare providers may be liable when medical negligence causes a patient’s death. Examples include:

• Surgical errors
• Misdiagnosis
• Delayed diagnosis
• Birth injuries
• Medication mistakes
• Emergency room negligence
• Anesthesia errors

Medical malpractice cases require expert testimony to establish the applicable standard of care.

Nursing Home Negligence

Many wrongful death lawsuits involve nursing home residents. Fatal injuries may result from:

• Falls
• Bedsores
• Malnutrition
• Dehydration
• Medication errors
• Sepsis
• Infections
• Physical abuse
• Failure to monitor residents

Illinois nursing homes owe residents a duty to provide appropriate medical care and supervision.

Workplace Accidents

Fatal workplace injuries continue to occur throughout Illinois. High-risk industries include:

• Construction
• Transportation
• Manufacturing
• Warehousing
• Utilities

Although workers’ compensation death benefits may be available, third-party wrongful death lawsuits are sometimes appropriate when someone other than the employer contributed to the fatal accident.

Defective Products

Manufacturers may be liable when dangerous products cause fatal injuries. Examples include:

• Defective automobiles
• Dangerous medical devices
• Unsafe machinery
• Defective tires
• Faulty electrical products
• Hazardous consumer goods

Product liability cases often require extensive engineering investigation.

Who Can File a Wrongful Death Lawsuit?

Under Illinois law, the wrongful death lawsuit is filed by the personal representative of the deceased person’s estate. Any financial recovery is generally distributed to surviving family members, including:

• The surviving spouse
• Children
• Next of kin

If the deceased did not have a will naming an executor, the court may appoint a representative to pursue the claim.

What Must Be Proven?

To succeed in an Illinois wrongful death claim, the plaintiff generally must establish:

• The defendant owed the deceased a duty of care.
• The defendant breached that duty.
• The breach caused the death.
• The surviving family members suffered damages.

Depending on the case, proving liability may involve accident reconstruction experts, medical experts, engineers, economists, and other specialists.

What Damages Can Be Recovered in an Illinois Wrongful Death Claim?

Although no lawsuit can undo the loss of a loved one, a wrongful death claim can provide financial stability for surviving family members and hold the negligent party accountable.

Under the Illinois Wrongful Death Act, damages are intended to compensate the surviving spouse and next of kin for the losses they have suffered because of their loved one’s death. Illinois juries may award damages based on the evidence presented in each case.

Compensation may include:

• Loss of financial support
• Loss of future income the deceased would have earned
• Loss of companionship
• Loss of society
• Loss of guidance and instruction for children
• Loss of love and affection
• Grief, sorrow, and mental suffering of surviving family members
• Funeral and burial expenses (through related claims in appropriate circumstances)

Illinois law was amended in recent years to expressly allow recovery for the grief, sorrow, and mental suffering experienced by surviving family members, recognizing that emotional losses are a significant part of every wrongful death case.

What Is an Illinois Survival Act Claim?

Many families are surprised to learn that a wrongful death lawsuit is often accompanied by a separate claim under the Illinois Survival Act.

While the Wrongful Death Act compensates surviving family members, the Survival Act allows the deceased person’s estate to recover damages the individual could have pursued had they survived.

These damages may include:

• Medical expenses incurred before death
• Lost wages between the injury and death
• Conscious pain and suffering
• Emotional distress
• Property damage

For example, if a victim survived several weeks after a serious crash before passing away, the estate may recover damages for the pain, suffering, and medical treatment experienced during that time. In many cases, attorneys pursue both Wrongful Death Act and Survival Act claims to maximize the recovery available to the family.

How Long Do You Have to File a Wrongful Death Lawsuit in Illinois?

Wrongful death claims are subject to strict legal deadlines. In most cases, Illinois law provides two years from the date of death to file a wrongful death lawsuit. However, exceptions may apply depending on the facts, including cases involving medical malpractice, governmental entities, or certain criminal acts.

Because evidence can disappear quickly and witnesses’ memories fade, families should speak with an experienced wrongful death attorney as soon as possible after a fatal accident.

How Is Liability Proven in a Lombard Wrongful Death Case?

Every wrongful death claim must establish that another person’s negligence or wrongful conduct caused the fatal injuries. Depending on the circumstances, evidence may include:

• Police reports
• Accident reconstruction reports
• Surveillance video
• Dash camera footage
• Cell phone records
• Black box (Event Data Recorder) data
• Medical records
• Autopsy reports
• Witness statements
• Employment records
• Maintenance records
• Expert testimony

The earlier an attorney begins investigating, the greater the opportunity to preserve critical evidence.

Common Defenses Raised by Insurance Companies

Insurance companies and defendants frequently dispute wrongful death claims. Some of the most common defenses include:

Comparative Negligence

If the deceased is found partially responsible for the accident, damages may be reduced by that percentage of fault. If the deceased was more than 50% responsible, recovery may be barred. Insurance companies often attempt to shift blame to reduce the value of a claim, making a thorough investigation essential.

Disputing Causation

The defense may argue that:

• The accident did not cause the death.
• A pre-existing medical condition was responsible.
• Another intervening event caused the fatal injuries.

Medical experts often play a critical role in establishing causation.

Challenging Damages

Insurance companies may also attempt to minimize the family’s losses by arguing that:

• The deceased had limited future earning capacity.
• The family did not rely financially on the deceased.
• Emotional damages are exaggerated.

Experienced wrongful death attorneys work with economists, vocational experts, and other specialists to accurately document the full impact of the loss.

Why Wrongful Death Cases Require Immediate Investigation

Fatal accidents often involve evidence that can disappear within days or weeks.

For example:

• Surveillance footage may be erased.
• Vehicles may be repaired or destroyed.
• Physical evidence at the scene may disappear.
• Witness memories become less reliable over time.

Prompt legal action allows attorneys to:

• Preserve evidence
• Interview witnesses
• Obtain police and medical records
• Secure electronic vehicle data
• Consult accident reconstruction experts
• Identify all potentially liable parties

A comprehensive investigation often makes the difference between a disputed claim and a successful recovery.

Why Families Choose John J. Malm & Associates

For more than 33 years, John J. Malm has represented injured individuals and grieving families throughout DuPage County and northern Illinois. Families choose our firm because we offer:

• Free consultations
• No attorney fees unless we recover compensation
• Decades of wrongful death litigation experience
• Personal attention throughout every case
• Thorough investigations
• Skilled negotiations with insurance companies
• Trial experience when litigation becomes necessary

We understand that no legal case can replace your loved one. Our goal is to relieve your financial burdens while helping your family obtain justice and accountability.

Frequently Asked Questions about Lombard Wrongful Death Lawsuits

What qualifies as a wrongful death in Illinois?

A wrongful death occurs when a person dies because of another individual’s or company’s negligence, recklessness, or intentional misconduct. Common examples include fatal car accidents, truck accidents, medical malpractice, nursing home neglect, workplace accidents, and defective products.

Who receives the settlement in a wrongful death case?

Any recovery is generally distributed to the surviving spouse and next of kin according to Illinois law and the family’s specific circumstances.

What if criminal charges are filed?

A wrongful death lawsuit is separate from a criminal case. Even if criminal charges are pending, or never filed, the family may still pursue a civil wrongful death claim seeking financial compensation.

How much is a wrongful death case worth?

Every case is unique. The value depends on many factors, including the deceased’s age, income, life expectancy, medical expenses, the circumstances of the death, and the losses suffered by surviving family members.

How long will my case take?

Some wrongful death claims resolve through settlement within months, while complex cases involving multiple defendants or disputed liability may take longer. Your attorney can provide a more accurate timeline after reviewing the facts of your case.

Do I need a wrongful death lawyer?

Wrongful death cases often involve complex legal issues, substantial damages, and aggressive insurance company defenses. An experienced attorney can investigate the case, preserve evidence, negotiate with insurers, and, if necessary, present the case at trial.

Contact the Award-Winning Lombard Fatal Accident Attorneys at John J. Malm & Associates

The unexpected loss of a loved one can leave families facing emotional devastation, financial uncertainty, and difficult legal questions. While no lawsuit can ever replace the person you lost, pursuing a wrongful death claim can provide accountability, financial security, and a sense of justice for your family.

At John J. Malm & Associates, we have spent more than three decades helping families throughout Lombard, DuPage County, and the surrounding communities navigate wrongful death claims with compassion, experience, and determination. Our attorneys understand the challenges grieving families face, and we are committed to handling every aspect of your case so you can focus on your family and healing. If your loved one’s death was caused by someone else’s negligence, contact John J. Malm & Associates today for a free, no-obligation consultation. We will carefully evaluate your case, explain your legal rights, and fight tirelessly to obtain the full compensation and justice your family deserves.