Edwardsville Wrongful Death Lawyer

Wrongful Death Lawyer Edwardsville, IL

Pioletti Pioletti & Nichols has been representing Illinois families since 1938. Over more than 80 years, our attorneys have handled wrongful death claims stemming from car crashes, workplace incidents, medical negligence, and dangerous property conditions across central and southern Illinois. Our Edwardsville, IL wrongful death lawyer can help your family pursue the compensation you need to move forward.

Why Choose Pioletti Pioletti & Nichols for Wrongful Death Cases in Edwardsville, IL?

Decades of Personal Injury and Wrongful Death Experience

Our firm has been practicing law in Illinois for over 80 years. Joe C. Pioletti represents clients in personal injury and wrongful death matters. He received his law degree from SIU School of Law and is admitted to practice in the U.S. District Courts for the Central, Northern, and Southern Districts of Illinois, as well as the Northern and Southern Districts of Indiana. He also handles workers’ compensation and criminal defense, which gives him a broader view of the legal landscape when a death involves workplace negligence or criminal conduct.

Zachary A. Pashea focuses on representing plaintiffs in personal injury cases in Edwardsville, IL and across the Midwest. From injured railroad workers to dog attack victims, Zach has obtained millions of dollars for his clients. He is admitted to practice in Illinois, Missouri, and Colorado, and has litigation experience involving toxic torts and product liability. He also received the 2017 Pro Bono Rising Star Award from the 3rd Judicial Circuit Pro Bono Committee and has worked for the Missouri and Colorado Attorney General Offices.

A Track Record That Speaks for Itself

When your family is going through something this devastating, you want attorneys who have been through these cases before and know what it takes to hold negligent parties accountable. Our wrongful death attorneys in Edwardsville have recovered millions of dollars for clients across Illinois and Missouri. We investigate every angle of a claim, retain the right professionals when needed, and prepare every case as though it’s going to trial.

No Fee Unless We Recover for You

We handle wrongful death cases on a contingency fee basis. That means you pay nothing upfront and owe no attorney fees unless we recover compensation for your family. We take on the financial risk of litigation so you don’t have to.

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“Simple and effective. Mr. Pashea guided us through our personal injury situation with total professionalism and realistic expectations. He took the time to completely understand the issue from our perspective and provided feedback that was actionable and leading towards a resolution in our favor. Many thanks.” – Ravi Sripada

Read more reviews on our Google Business Profile.

Types of Wrongful Death Cases We Handle in Edwardsville

Wrongful death claims arise from many different circumstances. What connects them is that someone’s negligence, recklessness, or intentional act caused a death that should not have happened. We represent surviving families in cases involving:

• Car accidents. Fatal collisions caused by distracted drivers, impaired drivers, or reckless driving on I-55, I-255, Route 157, and other roads in the Edwardsville area. Multi-vehicle crashes and intersection collisions are among the most common.
• Truck accidents. Commercial vehicle crashes involve catastrophic force. We investigate trucking company records, driver logs, and maintenance histories to identify all responsible parties.
• Motorcycle accidents. Riders face extreme vulnerability on the road. When another driver’s negligence causes a fatal motorcycle crash, families can pursue a wrongful death claim against the at-fault party.
• Pedestrian accidents. Pedestrians struck by vehicles in crosswalks, parking lots, or along roadways often suffer fatal injuries. Drivers who fail to yield or drive distractedly bear responsibility.
• Medical malpractice. Surgical errors, misdiagnosis, medication mistakes, and failures in hospital care can all lead to preventable deaths. These cases require thorough review of medical records and often involve retained medical professionals.
• Nursing home negligence. When a facility fails to provide adequate care and a resident dies as a result of neglect, abuse, or understaffing, surviving family members have the right to pursue a wrongful death action.
• Workplace fatalities. According to the Bureau of Labor Statistics, Illinois recorded 145 fatal work injuries in 2023, with transportation incidents accounting for 38% of those deaths. Families of workers killed on the job may have claims beyond workers’ compensation.
• Premises liability deaths. Property owners who fail to maintain safe conditions can be held liable when someone dies because of hazardous property. This includes falls, structural collapses, and inadequate security.

Illinois Legal Requirements for Wrongful Death Claims

Illinois wrongful death law is governed by two statutes that work together. Understanding how they apply matters, because the rules determine who can file, when they must file, and what compensation is available.

The Illinois Wrongful Death Act (740 ILCS 180) allows surviving family members to recover compensation when a person dies due to another party’s wrongful act, neglect, or default. The claim is filed by the personal representative of the deceased person’s estate, and damages are distributed to the surviving spouse and next of kin.

A separate law, the Illinois Survival Act (755 ILCS 5/27-6), allows the estate to recover damages the deceased person could have claimed if they had survived. That includes medical expenses incurred before death, lost wages between the injury and death, and conscious pain and suffering.

The statute of limitations for most wrongful death cases in Illinois is two years from the date of death. If the death resulted from violent intentional conduct, that deadline extends to five years. Missing the filing deadline can permanently eliminate your family’s right to seek compensation.

Illinois also follows a modified comparative negligence standard under 735 ILCS 5/2-1116. If the deceased person is found to have been more than 50% at fault for the incident that caused their death, the claim may be barred. If their fault was 50% or less, the recovery is reduced proportionally.

As of August 2023, Illinois amended both the Wrongful Death Act and Survival Act to allow punitive damages in qualifying cases. Punitive damages are not available in healing art malpractice cases or against government entities, but they can apply in cases involving extreme recklessness or willful misconduct.

What Damages Are Recoverable in Edwardsville Wrongful Death Cases?

Wrongful death damages in Illinois fall into several categories. They are meant to compensate the surviving family members for what they’ve lost, both financially and personally.

Economic damages cover the tangible financial losses. This includes the income and benefits the deceased person would have earned over their lifetime. It includes medical bills from the treatment they received before death. Funeral and burial costs are recoverable. So is the value of household services and other financial contributions the deceased made to the family. These numbers are calculated using employment records, tax returns, actuarial data, and economic projections.

Non-economic damages address the losses that are harder to quantify but no less real. Illinois law allows recovery for grief, sorrow, and mental suffering experienced by the surviving spouse and next of kin. Loss of society and companionship is compensable. For surviving children, courts consider the loss of parental guidance, moral training, and education the deceased would have provided. For a surviving spouse, loss of consortium is a recognized category of damages.

Under the Survival Act, the estate may also recover compensation for the pain and suffering the deceased person endured between the time of injury and the time of death. If the person survived for any period after being injured, this claim can be significant.

Punitive damages may now be available in certain Illinois wrongful death cases. These are awarded not to compensate the family, but to punish the defendant for egregious conduct and deter similar behavior. They apply only in limited circumstances, and Illinois law still prohibits them in medical malpractice cases and against government bodies.

According to NHTSA data, motor vehicle crashes remain one of the leading causes of wrongful death claims nationwide. In Illinois, there were over 1,200 traffic-related fatalities in 2023 alone. Each one of those deaths affected a family, and many of those families had a viable legal claim.

Contact Pioletti Pioletti & Nichols

We offer free consultations for wrongful death cases in Edwardsville, IL. There are no upfront fees, and you owe nothing unless we recover compensation on your behalf. Our attorneys will review the facts of your situation, explain your legal options, and help you understand what your family’s claim may be worth.

Contact us to schedule a consultation. We’re available by phone and email, and we respond to every inquiry promptly.