Naperville Wrongful Death Lawyer

This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founder, Joseph Conboy who has years of legal experience. Our last modified date shows when this page was last reviewed.

Last updated on: June 5, 2025

Joseph Conboy | June 5, 2025
Naperville Wrongful Death Lawyer

Our Naperville wrongful death lawyer team provides compassionate legal support during life’s most difficult moments. At Conboy Law Injury and Medical Malpractice Lawyers, we are aware of the intense sorrow that results from losing a loved one due to the carelessness of another person. We help families seek justice and fair compensation for their loss. While you concentrate on getting better, our skilled lawyers take care of every part of your wrongful death claim.

We have effectively advocated for numerous families in Illinois facing wrongful death claims due to car accidents, medical negligence, and workplace accidents. Our dedication goes beyond just legal representation; we provide sincere care and assistance throughout the entire journey.

Our Naperville Wrongful Death Lawyer Advocates for Your Family

At Conboy Law Firm, our Naperville wrongful death lawyer team stands ready to fight for families grieving the loss of loved ones due to negligence. We know that no compensation can replace your family member. However, pursuing justice can provide financial support during this painful time. Our legal team works hard to secure fair settlements for our clients.

When tragedy strikes, you need a legal ally with both expertise and compassion. Our skilled wrongful death lawyers have assisted numerous bereaved families in Naperville, IL, managing various types of fatal accident cases. These include car accidents, truck accidents, and medical malpractice cases where someone’s negligence caused a family member’s death.

With deep knowledge of Illinois wrongful death law, we guide families through the legal process while they heal. Our experienced wrongful death lawyer team works to secure the compensation your family deserves after such a profound loss. We make sure the responsible party is held accountable for their actions.

Understanding Wrongful Death Cases in Naperville

Understanding Wrongful Death Cases in Naperville

When a person’s careless or intentional actions cause someone’s death, it’s considered a wrongful death. Under Illinois law, these cases allow surviving family members to seek compensation for their losses. These wrongful death claims focus on financial recovery rather than criminal punishment. The wrongful death lawsuit serves to provide support for those left behind.

The Illinois Wrongful Death Act establishes the legal framework for these claims. This law allows certain family members to file suit through a personal representative of the deceased’s estate. The statute of limitations in Illinois gives families two years from the date of death to file. Most wrongful death cases settle out of court, though outcomes vary case by case.

What Constitutes a Wrongful Death?

When someone dies because of another’s wrongful actions, it’s considered a wrongful death. To win such a case in Illinois, certain legal factors must be established. Our experienced wrongful death attorney will work to establish these facts in your case.

The four main elements we must prove are:

  • The defendant had a duty to care for the deceased
  • This duty was breached through negligent actions
  • The breach directly caused your loved one’s death
  • The death resulted in damages to the surviving family members

Common examples that may create a personal injury case leading to wrongful death include:

  1. Texting while driving leads to a fatal collision
  2. A doctor whose error leads to fatal injuries (medical malpractice cases)
  3. A manufacturer is producing a defective product that causes death
  4. An employer failing to maintain safe workplace conditions

Illinois wrongful death cases differ from criminal proceedings. While the same incident might lead to both, the legal standards and outcomes are different. A wrongful death lawsuit helps survivors recover financial damages. Criminal cases aim to punish the wrongdoer through the justice system.

Common Causes of Wrongful Death in Naperville

In Naperville and surrounding areas, several situations commonly lead to wrongful death cases. Our Naperville wrongful death attorneys have experience with many types of fatal accident scenarios. Knowing these typical causes will help you decide whether you have a strong claim.

Car Accidents: Fatal crashes often result from distracted driving, speeding, or driving under the influence. When negligence causes these accidents, families may file a wrongful death lawsuit. These cases typically involve insurance companies that may try to minimize your claim.

Truck Accidents: Commercial vehicle crashes can be devastating for smaller vehicles. When trucking companies or drivers fail to follow safety rules, they may be held accountable for fatalities. These complex cases often involve multiple responsible parties.

Medical Malpractice: Healthcare providers making preventable mistakes during treatment can cause fatal injuries. This leads many families to seek justice through wrongful death claims. These cases require extensive medical evidence and expert testimony.

Workplace Accidents: Particularly in construction or manufacturing, fatal injuries occur when safety protocols aren’t followed. Employers may bear responsibility in these cases. These incidents often result in both workers’ compensation and wrongful death claims.

Defective Products: When manufacturers put unsafe products on the market that cause fatal injuries, they may face wrongful death lawsuits. These product liability cases require proof that the item was defective and directly caused the death.

Each of these situations may result in funeral expenses, medical bills, and lost wages for families. The emotional toll includes mental anguish and loss of companionship. Our Naperville wrongful death lawyer can help you seek compensation for all these damages.

Who Can File a Wrongful Death Claim in Illinois?

Who Can File a Wrongful Death Claim in Illinois_

Under Illinois law, not everyone can file a wrongful death lawsuit. The claim has to be filed by the deceased person’s representative. If your loved one had a will, this may be the named executor. If no will exists, the court typically appoints a close family member. This legal process ensures proper handling of the case.

The damages benefit the deceased’s “next of kin,” even as the personal representative files the claim. Usually, this covers the surviving spouse and children. In situations with no spouse or children, parents or siblings may recover damages. The law recognizes that these family members suffer the most significant losses.

After a successful wrongful death claim, the Illinois Wrongful Death Act controls the distribution of compensation. The court allocates recovery based on each family member’s dependency on the deceased and their relationship. This ensures fair distribution of any wrongful death settlement.

Our knowledgeable wrongful death lawyers can assist in deciding who the personal representative should be. We guide your family through this process with compassion and legal expertise. Many wrongful death cases require careful navigation of these family dynamics.

How a Naperville Wrongful Death Lawyer Can Help

When you’re grieving, dealing with legal matters can feel overwhelming. This is where our Naperville wrongful death lawyer becomes invaluable. We handle all aspects of your case while you focus on healing. Our personal injury lawyers have the experience needed to build a strong claim.

Our law firm builds a strong case by:

  • Examining the facts of your loved one’s death closely
  • Gathering critical evidence and consulting experts
  • Identifying all responsible parties who may be liable
  • Calculating the full extent of your damages and losses
  • Negotiating with insurance companies for fair compensation
  • Getting ready for a trial should a just settlement prove elusive.

In wrongful death cases, insurance companies frequently aim to minimize payouts. Our experienced wrongful death attorneys negotiate skillfully with these companies. We fight for fair settlement amounts that truly reflect your family’s losses. We know the tactics they use to reduce claims.

Beyond the legal work, we provide compassionate support. We explain complex legal concepts clearly and remain accessible to answer your questions. Our Naperville personal injury lawyers understand that this is more than just a legal case – it’s about your family’s future.

Investigating Your Wrongful Death Case

A thorough investigation forms the foundation of every successful wrongful death claim. Our law firm invests substantial resources in uncovering what happened to your loved one. This approach often makes the difference between a dismissed claim and substantial compensation for your family member’s death.

Our investigation process includes several important steps:

  1. Preserving crucial evidence before it disappears or degrades
  2. Reviewing official reports, medical records, and related documents
  3. Gathering witness statements from people who saw the incident
  4. Consulting with relevant experts in medicine or accident reconstruction
  5. Reconstructing the fatal event to establish clear liability

We examine medical records to understand the exact cause of death. This helps establish whether it resulted from someone else’s negligence. When necessary, we work with medical experts who can testify about proper standards of care. Their input strengthens your case significantly.

Our team also employs accident reconstruction specialists or other technical experts when needed. Their specialized knowledge helps us build compelling evidence of fault. This evidence stands up to scrutiny in both settlement negotiations and trial situations.

Determining Liability in Wrongful Death Claims

Establishing who bears legal responsibility for your loved one’s death is critical. Liability in these cases depends on proving that someone’s negligence directly caused the fatal outcome. Our experienced wrongful death lawyer builds this connection through evidence and legal arguments. We help make the responsible party accountable for their actions.

Different types of cases require different approaches to establish liability:

Car Accident Cases: We might prove liability by showing the other driver violated traffic laws. This could incorporate proof of speeding, drunk driving, or distracted behavior. Police reports and witness statements often support these claims.

Medical Malpractice: We work with medical experts to show how healthcare providers deviate from accepted standards of care. This might involve reviewing treatment records, consulting with specialists, and establishing the connection between negligent care and death.

Product Liability: These cases require proving that a defective product caused the fatal injury. The manufacturer, designer, or retailer might be held liable for the defect. Expert engineering testimony often plays a crucial role in these cases.

Sometimes, multiple parties share responsibility for a wrongful death. Illinois follows modified comparative negligence rules in these situations. This implies that compensation could be changed depending on the degree of responsibility of each party in generating the fatal injuries.

Recover Compensation in a Naperville Wrongful Death Case

Recover Compensation in a Naperville Wrongful Death Case

When you lose a family member due to someone else’s negligence, financial compensation cannot erase your grief. However, it can provide crucial support as you rebuild your life. Our Naperville wrongful death attorneys fight for full compensation, covering all damages. We work to recover damages that address both economic and emotional losses.

In cases of wrongful death, the compensation usually consists of several categories:

Economic Damages:

  • Medical expenses incurred before death
  • Funeral and burial expenses connected to your loved one
  • Loss of income and benefits due to the departed
  • Loss of future financial support for dependents

Non-Economic Damages:

  • Grief and mental anguish suffered by family members
  • Loss of companionship and relationship
  • Loss of guidance and support for children
  • Emotional suffering caused by the sudden loss

In cases involving extreme negligence, punitive damages might also be available. These losses punish the offender and discourage similar behavior. Our legal team will advise if your case qualifies for this additional compensation.

Types of Damages Available in Wrongful Death Lawsuits

Wrongful death damages cover various losses your family experiences after losing a loved one. Understanding these different types helps ensure nothing is overlooked when seeking recovery. Our experienced wrongful death lawyer will identify all applicable damages in your case.

Economic damages include concrete financial losses that can be calculated:

  • Medical bills from treatments before your loved one’s death
  • Funeral expenses and burial costs for final arrangements
  • Lost wages from the time of injury until death
  • Future earnings your loved one would have contributed to the family

We work with economic experts to calculate these future losses accurately. We consider factors like career trajectory, expected promotions, and inflation. This helps establish the true financial impact of your family member’s death.

Non-economic damages address emotional and relationship losses:

  • Loss of companionship and support in daily life
  • Loss of consortium for the surviving spouse
  • Grief and mental suffering experienced by family members
  • Loss of parental guidance for children left behind

In evaluating your Naperville wrongful death case, our experienced wrongful death attorneys consider all these damage categories. We fight to secure wrongful death settlements that truly reflect your family’s losses. Our objective is to secure just compensation that helps your family move forward.

The Role of Personal Injury Lawyers in Wrongful Death Claims

Personal injury lawyers are essential in assisting families with wrongful death lawsuits. At our law firm, we handle all legal obligations, freeing you to focus on your recovery. Our knowledge of personal injury law and wrongful death claims works to your advantage.

Our personal injury law expertise ensures several benefits for your case:

  • Compliance with complex legal procedures and deadlines
  • Meeting all critical statute of limitations requirements
  • Identifying all appropriate parties who may be liable
  • Filing the necessary paperwork correctly with the court

We also serve as skilled negotiators for your family. Most wrongful death cases are settled out of court through negotiation. Our personal injury lawyers leverage their experience to secure optimal settlements. We know the tactics insurance companies use and counter them effectively.

Should your personal injury claim reach a trial, having experienced personal injury attorneys becomes crucial. We present your case persuasively to the judge and jury. We manage all aspects of the court process while you focus on healing. Our trial experience proves invaluable in securing favorable verdicts.

Why Choose Our Law Firm for Your Wrongful Death Case?

When selecting legal representation after losing a loved one, you need attorneys who combine legal expertise with genuine compassion. Our law firm stands out in several key ways that benefit grieving families. We bring both experience and empathy to each Naperville wrongful death case we handle.

Here’s why families choose our legal team:

  • Our experienced wrongful death attorneys have successfully handled numerous Illinois wrongful death cases with positive outcomes
  • We’re rated by Super Lawyers, reflecting our ability to secure favorable results for clients
  • We take a client-centered approach focused on your family’s specific needs
  • Our firm commits substantial resources to each case we accept
  • You’ll work directly with experienced lawyers who care about your well-being
  • We operate on a contingency fee model – you incur no costs unless we achieve a victory

Our Naperville personal injury lawyers understand the nuances of wrongful death law. We build compelling cases that result in substantial compensation for grieving families. Our track record demonstrates our ability to hold the responsible party accountable, even in complex situations.

The Naperville Wrongful Death Case Process

The Naperville Wrongful Death Case Process

Understanding the legal process helps families know what to expect during this challenging journey. While each Naperville wrongful death case has unique aspects, most follow a similar path from start to finish. Knowing these steps can help reduce anxiety about the legal process.

The typical wrongful death claim progression includes the following:

  1. Free Consultation: We assess your situation and outline your legal choices at no cost. This initial meeting helps us understand your situation and determine if you have a valid claim.
  2. Investigation: We gather evidence, consult experts, and identify responsible parties. This thorough investigation builds the foundation for your entire case.
  3. Demand Letter: We outline your family’s losses and demand appropriate compensation from the responsible party. This formal document initiates the negotiation process.
  4. Negotiation: We negotiate with insurance companies to arrive at a just compensation covering all your losses. Many wrongful death cases are resolved during this phase without court intervention.
  5. Litigation: If needed, we file a formal lawsuit and proceed through the discovery phase. This involves exchanging information with the opposing side and taking depositions.
  6. Resolution: Most cases settle before trial, but we prepare thoroughly if the court becomes necessary. Our goal is maximum compensation, whether through settlement or verdict.

From start to finish, this process may take months or even years, depending on the case complexity. Throughout this journey, our legal team provides support and strong advocacy for your family’s interests. While you work on healing, we manage the legal complexity.

FAQs

You have two years from your loved one’s death to file in most cases. This deadline is strict. Missing it typically means losing your right to compensation.

Wrongful death claims compensate families for their losses. Survival actions seek damages the deceased could have claimed had they lived, like pain and suffering.

Each case value depends on factors like age, earning capacity, and family circumstances. Insurance coverage and the defendant’s conduct also affect potential compensation.

The deceased’s spouse and children typically receive settlement funds. If none exist, siblings or parents might be qualified. The court determines the distribution.

No. Most wrongful death cases are settled outside of court. We prepare for trial but work to negotiate fair settlements when possible.

Most cases resolve within 1-2 years. Simple cases may settle faster. Complex cases involving multiple parties might take longer.

No. We work on a contingency fee basis. You pay nothing unless we win your case. Our charge is based on a percentage of your settlement.

Contact Our Naperville Personal Injury Lawyers for a Free Consultation

Contact Our Naperville Personal Injury Lawyers for a Free Consultation

If you have experienced the loss of a loved one as a result of another’s negligence, contact our Naperville wrongful death attorneys today for a complimentary consultation. We will outline your legal options and discuss how we can assist your family in pursuing compensation for your loved one’s passing. Our experienced wrongful death lawyer team has handled many wrongful death cases successfully.

Don’t face this difficult time alone—let our experienced legal team fight for you. We’ll work to hold the responsible party accountable while you focus on healing. Reach out to us today to explore your personal injury claim and the possibility of achieving a just settlement.

Joseph Conboy
Founding Attorney

Joseph M. Conboy, founder of Conboy Law, represents victims of catastrophic injuries and wrongful death, securing numerous multi-million-dollar results. Recognized as a Super Lawyers Rising Star (2019–2022), he is a member of the American Association for Justice and Illinois Trial Lawyers Association. Mr. Conboy earned his J.D. from DePaul University and a B.A. in Economics from the University of Colorado.

Thanks to this amazing law firm, I was able to successfully bring justice and get the help I needed. They really care a lot about their clients, they’re 100 percent fully involved in your case and will do the most to make sure you get the help you need. Thanks for everything!
Tiffany H.
I can't say enough about Joseph Conboy. He was a true asset during our personal injury claim and had such an amazing legal approach, which made me feel like his top priority from day one! I'm so grateful we were able to work together for this win/win outcome.
Jackson K.
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