Denied Wrongful Death Claims in Illinois

Compassionate Attorneys Fighting Wrongful Death Claim Denials Throughout Illinois

Losing a loved one is life-altering. Having a wrongful death claim denied on top of that can feel like the ground dropped out from under you, especially if the denial letter is dense with citations, vague explanations, or blame shifting. At John J. Malm & Associates, we understand the emotional and financial toll the loss of a loved one has on your family, especially if your claim against the at-fault party is denied by their insurance company. Our team of experienced Naperville wrongful death attorneys is committed to holding negligent parties accountable and fighting for the compensation your family deserves.

What Counts as a Wrongful Death in Illinois?

Under the Illinois Wrongful Death Act, a claim exists when a person’s death is caused by another’s wrongful act, neglect, or default, the same conduct that would have allowed the injured person to sue if they had survived. The action must be filed by the personal representative of the decedent’s estate, and the recovery is for the exclusive benefit of the surviving spouse and next of kin. Illinois juries can award “fair and just” compensation, including damages for grief, sorrow, and mental suffering, in addition to financial losses.

Why Wrongful Death Claims Get Denied

Insurers and defense teams often reject claims for one or more of these reasons:

1. Liability Dispute
   • They argue their insured didn’t cause the death, or that another party did (including the decedent).
   • Illinois uses modified comparative negligence: recovery is reduced by a decedent’s share of fault and is completely barred if it exceeds 50%. Denials sometimes overstate fault to avoid paying.
2. Causation Challenges
   • Especially in medical, toxic exposure, or multi-vehicle cases, carriers deny for “insufficient proof” that their insured’s conduct caused the death.
3. Procedural or Standing Issues
   • The Wrongful Death Act requires filing by the estate’s personal representative. If a claim is submitted by a relative without probate authority, some insurers reflexively deny. Courts can appoint a representative when needed.
4. Statute of Limitations
   • We often overturn denials that misapply statutes of limitations or ignore exceptions.
5. Governmental Immunities
   • Public entities and employees have unique defenses under the Tort Immunity Act (e.g., discretionary immunity) and tighter deadlines. Denials often cite immunity broadly; those assertions need to be analyzed provision-by-provision.
6. Policy Defenses
   • For insurance-funded claims (like commercial auto or premises liability), carriers cite exclusions, coverage limitations, or “no occurrence” arguments. Illinois law prohibits unfair claims practices like refusing to pay without reasonable investigation.
7. Damages Disputes
   • Insurers minimize or contest categories of damages, e.g., claiming grief and sorrow aren’t compensable (they are), disputing dependency, or undervaluing lost support.

Can Illinois Law Help If an Insurance Company Wrongfully Denies a Claim?

Yes. When an insurer’s conduct is vexatious and unreasonable, Illinois law (Section 155 of the Insurance Code) authorizes additional relief, including attorney’s fees and penalties on top of the policy benefits. While Section 155 typically addresses disputes between policyholders and their own insurers, it’s a powerful tool in coverage fights that can accompany wrongful death litigation. Illinois also defines unfair claim settlement practices (for example, refusing to pay without a reasonable investigation or failing to affirm/deny coverage timely).

What To Do Immediately After a Wrongful Death Claim Denial

If you received a denial letter, don’t panic, and don’t give up. Take these steps now:

• Save everything. Keep the denial letter, claim notes, emails, adjuster names, and any recorded statements or forms you signed.
• Get the policy and proof of coverage. We’ll request the full policy, declarations, endorsements, and any reservation-of-rights letters.
• Secure probate authority. If no representative is appointed, we’ll petition the probate court so the case can be properly filed under the Act.
• Calendar the deadlines. Even while we challenge the denial, we file suit on time to avoid statute traps.
• Stop talking to adjusters without an experienced Illinois wrongful death lawyer. Casual statements can be twisted into fault admissions under Illinois’ comparative negligence framework.

How We Attack Wrongful Death Claim Denials

When we take on a denied wrongful death claim, we build a litigation-ready record from day one:

1. Denial Audit
   • We dissect the denial letter line-by-line and compare it to the policy language, claims file entries, and the Illinois Insurance Code’s standards for fair claims handling.
2. Jurisdiction & Standing
   • We verify personal representative status and, if needed, seek immediate appointment so the action can be filed correctly.
3. Limitations & Immunities Check
   • We run a parallel analysis of all applicable clocks (Wrongful Death Act, Tort Immunity Act, med-mal statutes) and any immunity defenses or notice issues, then file suit to preserve rights.
4. Fault & Causation Proof
   • We retain appropriate experts (accident reconstruction, human factors, trucking, medical causation, economics) to counter comparative fault arguments and establish liability.
5. Damages Development
   • We document pecuniary losses (lost income/benefits, services) and non-economic harms (grief, sorrow, loss of society) with testimony and evidence consistent with Illinois jury instructions.
6. Coverage & Bad-Faith Pressure
   • In first-party or coverage disputes, we pursue Section 155 remedies, fee shifting, and penalties for vexatious delay where the facts support it.

Common Defense Arguments We Rebut

• “Your loved one was mostly at fault, so there’s no recovery.”
  We reconstruct the event and challenge unsupported allocations of fault; recovery is only barred if the decedent’s fault exceeds 50%.
• “You didn’t file in time.”
  We evaluate every applicable statute and exception (criminal-act extension, med-mal discovery, Tort Immunity Act). Carriers often miscalculate.
• “No standing because the wrong party filed.”
  We can cure filing defects by obtaining or substituting the personal representative through probate or motion practice.
• “Grief and sorrow aren’t compensable.”
  They are explicitly allowed by statute and reflected in Illinois Pattern Jury Instructions.

Special Situations That Often Trigger Wrongful Death Claim Denials

• Public Entity or Employee Defendants: Shorter limitation period, special immunities (e.g., discretionary acts, failure to enforce law). These cases move fast by necessity.
• Medical Malpractice Wrongful Death: Affidavit and physician report requirements apply to med-mal suits; the 2-year discovery rule and repose can complicate timing. We integrate the wrongful death and med-mal frameworks.
• Commercial Motor Vehicle/Trucking: Early preservation of ECM (“black box”) data, driver logs, and company policies is essential. Insurers frequently deny on fault or causation, while early litigation tools counter that.
• Work-Related Deaths Involving Third Parties: Workers’ compensation may pay benefits, but there can also be a third-party wrongful death claim (e.g., against an at-fault driver or equipment manufacturer). Insurers sometimes deny coverage pending subrogation issues; we handle the interplay.

What Damages Can Be Recovered in a Wrongful Death Case?

Illinois allows damages in wrongful death cases tailored to the family’s losses:

• Pecuniary Losses: lost financial support, services, benefits, funeral/burial expenses.
• Non-Economic Losses: grief, sorrow, and mental suffering of the surviving spouse and next of kin; loss of society/companionship.
• Punitive Damages: available in appropriate cases under the 2023 amendments to the Wrongful Death and Survival Acts.

In negligence cases, any award may be reduced by the decedent’s percentage of fault, but not eliminated unless fault exceeds 50%.

How John J. Malm & Associates Helps Families with Denied Wrongful Death Claims

• We take over the insurer communications so you don’t have to.
• We open (or coordinate) probate and get a personal representative appointed so the case is properly positioned under 740 ILCS 180.
• We file suit to stop the clock, if needed, preserving your claim under the correct statute and defeating “late” excuses.
• We build the liability case with the right experts, crash data, medical causation, and economic proof.
• We fully develop damages, including grief and sorrow, loss of society, and future financial support, consistent with Illinois jury instructions.
• We pursue coverage relentlessly, using Section 155 and unfair claims standards when carriers stonewall.

Our goal is simple: overturn the denial, or beat it in court.

What Sets Our Approach Apart

• Illinois-Focused Strategy: We frequently practice Illinois wrongful death litigation, meaning we know the traps (like the 1-year Tort Immunity Act deadline) and the opportunities (criminal-act extensions, med-mal discovery rules).
• Trial Readiness: Insurers reconsider “no” when they see a case modeled to the Illinois Pattern Jury Instructions on wrongful death damages.
• Coverage Savvy: When a denial rests on policy language, we treat it like a coverage case and leverage Section 155 where warranted.

Real Life Case Example: Skateboarder Fatal Accident

Our firm recently represented the family of a young man who was struck and killed while riding his skateboard home at night on a local road. In that area, there were no sidewalks or dedicated paths for pedestrians, bicyclists, or skateboarders. He did not own a car; his skateboard was his only means of transportation. The insurance company for the person that struck him denied the wrongful death claim, alleging our client was “traveling in the middle of the road” and therefore not entitled to recovery.

We filed suit immediately and launched a full investigation. Through litigation, we obtained records and evidence the insurance company had never meaningfully considered, including scene measurements, roadway design and lighting data, witness testimony, and the driver’s own statements.

Discovery also revealed inconsistencies in the denial rationale and gaps in the insurer’s initial investigation. By reconstructing the crash sequence and presenting a clear picture of why the collision was preventable, even on a road without sidewalks, we rebutted blame-shifting and comparative fault arguments. After depositions made the defense risk clear, we secured a policy-limits wrongful death settlement for the family.

Frequently Asked Questions for Families After a Wrongful Death Claim Denial

Q: The insurer says my loved one was more than 50% at fault. Is that the end?
A: Not necessarily. Fault is a factual question. We use reconstruction evidence, witness interviews, and expert analysis to challenge inflated fault assessments. Recovery is only barred if fault exceeds 50%.

Q: We submitted the claim before probate. The carrier denied it for “no standing.” What now?
A: The Wrongful Death Act requires filing through the personal representative. We can open the estate, obtain appointment, and re-assert the claim properly, and then litigate if the carrier still won’t deal in good faith.

Q: The city says it’s immune. Do we have options?
A: Maybe. Immunity is not absolute; it depends on the specific section invoked and the facts. But the 1-year Tort Immunity Act deadline is strict, so move quickly.

Q: The adjuster won’t return calls and keeps asking for more paperwork.
A: Illinois law prohibits unfair claim practices, like failing to promptly investigate or unreasonably delaying coverage decisions. In appropriate cases, we pursue Section 155 remedies to apply pressure and recover fees/penalties.

Contact the Top-Rated Illinois Wrongful Death Lawyers at John J. Malm & Associates

If your wrongful death claim was denied, you still have options, and the experienced Naperville wrongful death lawyers at John J. Malm & Associates can help. The fastest way to clarity is a free, targeted denial review: we’ll examine the letter, the policy (if applicable), the deadlines that truly apply, and the evidence gaps we can close. If litigation is required, we move immediately to protect your rights and preserve all claims before the clock runs.

Contact us today for a free consultation. We’ll take it from here, so you can focus on your family while we focus on turning “no” into justice.