Wrongful Death Lawyer

Have you lost a loved one due to another party’s conduct?

At Pioletti Pioletti & Nichols, we are wrongful death lawyers who pursue full recovery for surviving family members.

If you have lost a loved one because of another party’s conduct, an attorney can help you pursue the compensation available under state law. Our wrongful death lawyer at Pioletti Pioletti & Nichols represents surviving family members in cases arising from motor vehicle collisions, workplace incidents, medical negligence, defective products, and other events that result in the loss of life. The firm has served injured clients and their families since 1938 and handles these cases on a contingency fee basis. Contact us today for a confidential review of your case.

Wrongful Death Lawyer

A wrongful death lawyer represents the surviving family members of a person whose death resulted from the wrongful conduct of another party. The legal claim is separate from any criminal prosecution and is brought in civil court by specific persons authorized under state law. Statutes in each state identify who may bring the action, the deadlines that apply, and the categories of damages available.

Two distinct types of claims often arise from the same death. A wrongful death claim addresses the harm suffered by the surviving family. A survival action addresses the pain, suffering, and losses experienced by the deceased person before death. Our attorneys evaluate both claims, identify every party whose conduct contributed to the death, and pursue recovery for the family through settlement negotiations and, when necessary, through litigation.

Types of Wrongful Death Cases We Handle

Wrongful death claims can arise from almost any circumstance where another party’s conduct causes fatal injury. The categories below reflect the types of cases our firm has represented across state and federal courts.

• Motor vehicle collisions. Fatal car crashes are among the most common causes of wrongful death claims nationally. Determining liability often requires accident reconstruction, review of vehicle data, and analysis of the conduct of every driver involved.
• Commercial truck accidents. Fatal collisions involving tractor trailers and other commercial vehicles frequently involve claims against the driver, the trucking company, and the shippers or brokers responsible for the load. Federal safety regulations shape the investigation.
• Motorcycle accidents. Fatal motorcycle collisions often produce claims against other drivers who violated traffic laws or failed to see the rider. Product liability claims against helmet or motorcycle manufacturers can also be part of the case.
• Workplace fatalities. Workers who die on the job give rise to workers’ compensation death benefits along with any civil claim against a third party whose conduct contributed to the death. Coordination between the two systems is essential to full recovery.
• Medical negligence. Deaths resulting from misdiagnosis, surgical errors, medication mistakes, and delayed treatment may support wrongful death claims against the treating providers and their institutions. These cases require review by qualified medical professionals.
• Defective products. Deaths caused by dangerous consumer products, defective vehicles, or malfunctioning industrial equipment support product liability claims against manufacturers, distributors, and retailers.
• Nursing home injury deaths. Residents of skilled nursing facilities and other long term care settings who die because of abuse, neglect, or substandard care support both wrongful death and survival claims against the facility operator.
• Premises liability deaths. Fatal falls, drownings, fires, and other incidents on someone else’s property may support wrongful death claims when the property owner’s conduct contributed to the death.
• Pedestrian and bicycle fatalities. Fatal collisions involving pedestrians and cyclists frequently give rise to wrongful death claims against drivers and, in some circumstances, against parties responsible for roadway conditions.

Why Choose Pioletti Pioletti & Nichols as My Wrongful Death Lawyer?

Trial Preparation and Recovery for Families

Wrongful death cases require preparation for trial from the outset. Insurance carriers evaluate settlement offers based on the risk of an unfavorable verdict, and the strongest cases are the ones prepared to be tried. Our firm has represented plaintiffs since 1938 and has recovered millions of dollars for injured clients and their families through settlements and jury verdicts across state and federal courts.

Wrongful death cases are a core area of the firm’s broader personal injury practice. They share investigative and legal approaches with the firm’s other serious injury work, though they carry additional procedural elements related to the estate and to state law identifying the proper plaintiff.

The Attorneys Handling Wrongful Death Cases

Joe C. Pioletti is a partner at the firm and handles wrongful death cases as a core part of his practice, alongside personal injury and workers’ compensation work. Joe earned his bachelor’s degree from Eureka College and his Juris Doctor from Southern Illinois University School of Law. He is admitted to practice in Illinois and is a member of the Illinois State Bar Association, with additional admissions to the U.S. District Courts for the Central, Northern, and Southern Districts of Illinois and the Northern and Southern Districts of Indiana.

Zachary A. Pashea represents plaintiffs in personal injury and wrongful death cases and has appeared for families across courts in the Midwest, from surviving families of injured railroad workers to families of dog attack victims and workers killed in industrial incidents. His background also includes complex litigation involving toxic torts and product liability. Zach completed his legal education at Southern Illinois University School of Law and holds bar admissions in Illinois, Missouri, and Colorado.

Understanding Wrongful Death Cases

Damages, Liability, and Compensation for Wrongful Death Cases

Wrongful death damages recognize that the loss of a family member causes both financial and personal harm. Categories of recovery vary by state, but generally include:

• Loss of financial support. The income the deceased person would have provided over the balance of their working life, adjusted for inflation and consumption.
• Loss of services. The value of household services, care, guidance, and other contributions the deceased person made to the family.
• Loss of companionship, love, and guidance. Recognized in most states as a category of damages, particularly for surviving spouses and minor children.
• Funeral and burial expenses. Costs directly connected to the death and burial.
• Medical expenses. Bills for treatment provided before death, typically recoverable through a survival action rather than the wrongful death claim itself.
• Pain and suffering of the deceased. The physical pain and mental anguish the deceased person experienced before death, recovered through a survival action.

Establishing liability requires proof that another party’s negligent, reckless, or intentional conduct caused the death. When a family member has died, understanding what damages can be recovered helps surviving family members evaluate whether to pursue the claim.

What Are Important Aspects of a Wrongful Death Case?

Several elements demand attention early in these cases:

• Identification of the proper plaintiff. State law identifies who may bring the wrongful death action, and the wrong plaintiff can defeat the claim.
• Preservation of evidence. Vehicle black box data, scene evidence, medical records, and witness accounts often need to be secured before they are lost.
• Autopsy and cause of death documentation. Medical evidence of the cause of death is central to establishing the connection between the wrongful conduct and the death.
• Insurance investigation. All applicable insurance policies must be identified, including auto, homeowner, commercial liability, and umbrella coverage.
• Coordination with any related criminal case. Criminal proceedings can affect the civil claim, and coordination is important to protect the family’s interests.

What Is the Wrongful Death Case Timeline?

Wrongful death cases move through the following phases, with the length of each stage depending on the complexity of liability and the willingness of insurance carriers to negotiate:

• Investigation. The initial phase focuses on identifying every responsible party and preserving evidence of what happened.
• Estate opening. In many states, a wrongful death claim must be brought through the deceased person’s estate, requiring probate court proceedings to open the estate and appoint a personal representative.
• Demand and negotiation. After investigation supports the theory of liability and damages have been quantified, formal demands are prepared and negotiations follow.
• Litigation. Where negotiations do not produce a fair resolution, a lawsuit is filed and the case moves through discovery.
• Trial or settlement. Many cases resolve during litigation before trial, but preparation for trial continues throughout.

Timelines commonly extend from one to three years, though cases involving multiple defendants, contested liability, or catastrophic damages can take longer.

What Should You Bring to Your Wrongful Death Consultation?

Preparation helps the attorney evaluate the case efficiently. Useful materials include:

• The death certificate and any autopsy report available at the time of the consultation.
• Any police reports, accident reports, or incident reports concerning the death.
• Documents identifying the deceased person’s employment, income, and dependents.
• Contact information for family members who may be beneficiaries under state law.
• Any correspondence with insurance carriers, investigators, or attorneys already involved.

By the end of the consultation, you will have a clear understanding of the legal options available, the categories of damages that may be recoverable, and the firm’s contingency fee arrangement.

What Are Important Legal Resources for Wrongful Death Cases?

Several federal agencies and national organizations publish information relevant to wrongful death claims and the underlying incidents that give rise to them. Our legal resources page collects additional background on personal injury topics.

• Fatal injury data by cause and demographic is compiled by the CDC Injury Center, which publishes annual data on leading causes of injury deaths in the United States.
• Traffic fatality data is maintained by the National Highway Traffic Safety Administration, covering trends in vehicle collisions and contributing factors.
• Workplace fatality statistics by industry and cause are published by the Bureau of Labor Statistics through its Census of Fatal Occupational Injuries.
• The Cornell Legal Information Institute publishes an accessible overview of wrongful death actions across state law, including the persons authorized to bring the action.
• Categories of civil damages generally available in tort actions are described in the Cornell damages overview.

Statute of limitations rules for wrongful death claims vary by state and are typically distinct from the general personal injury filing period. In Illinois, the general filing period for wrongful death is two years from the date of death. In Missouri, the deadline is three years from the date of death under RSMo § 537.100. Shorter deadlines apply to claims against government entities and to some medical negligence claims.

Reach Out to Pioletti Pioletti & Nichols to Schedule a Consultation

Our firm handles wrongful death cases on a contingency fee basis, meaning attorney fees are recovered only if compensation is obtained. A confidential consultation covers the strength of the claim, the categories of damages available under state law, and the projected timeline of the case. Contact us to schedule a review with our office.

Wrongful Death Statistics

Preventable and negligent deaths account for a significant share of mortality in the United States each year. The National Safety Council reports that unintentional injury is a leading cause of death across all age groups, with motor vehicle collisions, poisonings, and falls consistently among the top causes. Annual traffic fatalities alone exceed 40,000 nationally, based on data from the NHTSA.

Workplace deaths add several thousand more each year. The BLS reports that transportation incidents, falls, and contact with objects account for the largest share of fatal workplace injuries. Medical negligence is estimated by some studies to be among the leading causes of death nationally, though methodologies for estimating these deaths vary substantially. Each of these categories represents a potential wrongful death claim when another party’s conduct contributed to the death.

What Should I Expect During a Wrongful Death Case?

Understanding the stages of a wrongful death case helps families prepare for what lies ahead. The following describes the typical progression of these cases.

1. Initial consultation. The first meeting reviews the circumstances of the death, identifies potential defendants, and assesses the categories of damages that may be available under state law.
2. Retainer and investigation. After the family retains counsel, the firm begins gathering police reports, medical records, and other evidence relevant to the death. Witnesses are identified and interviewed.
3. Estate proceedings. In most states, the wrongful death claim must be brought through the deceased person’s estate. Probate court proceedings open the estate and appoint a personal representative to pursue the claim.
4. Insurance identification. All applicable insurance policies are located, including automobile, homeowner, commercial, and umbrella coverage. Some cases involve multiple layers of coverage across several policies.
5. Damages quantification. Economic damages such as lost financial support require analysis by qualified professionals. Non-economic damages including loss of companionship are evaluated based on the family’s specific circumstances.
6. Demand and negotiation. After the investigation supports the theory of liability and damages have been quantified, a formal demand is presented to the responsible parties and their insurance carriers.
7. Litigation if necessary. When negotiations do not produce a fair resolution, a lawsuit is filed within the applicable statute of limitations.
8. Discovery. Both sides exchange documents, take depositions of witnesses, and conduct any independent examinations relevant to the claims and defenses.
9. Mediation or settlement conference. Most courts require some form of alternative dispute resolution before trial. Many cases resolve during this process.
10. Trial. Cases that do not settle proceed to trial, where a judge or jury determines liability and damages based on the evidence presented.

Wrongful Death Lawyer FAQs

Who can bring a wrongful death claim?

State law determines who may bring the claim, and the rules vary substantially. Surviving spouses, children, and parents are commonly authorized. In some jurisdictions, other family members or the personal representative of the estate must file the lawsuit. Identifying the correct plaintiff at the outset is essential to preserving the claim.

How is a wrongful death claim different from a survival action?

A wrongful death claim addresses the harm suffered by surviving family members due to the death. A survival action addresses the pain, suffering, medical expenses, and other losses experienced by the deceased person before death. Both may arise from the same event and are frequently pursued together through the estate.

What is the statute of limitations for wrongful death cases?

Deadlines vary by state and by the underlying cause of death. Illinois generally allows two years from the date of death for wrongful death claims. Missouri allows three years under state law. Shorter periods apply to claims against government entities and to some medical negligence cases.

Can I still recover if my loved one was partially at fault?

Comparative fault principles allow recovery even when the deceased person’s conduct contributed to the incident, though recovery is reduced by the percentage of fault attributed to the deceased. The specific rule varies by state, with some jurisdictions barring recovery once the deceased person’s fault reaches a defined threshold.

How are damages calculated in a wrongful death case?

Economic damages such as lost financial support are calculated based on the deceased person’s income, expected working life, and personal consumption. Non-economic damages such as loss of companionship are evaluated based on the family’s relationship with the deceased. Some jurisdictions cap certain categories of damages, particularly in medical negligence cases.

What if my loved one died from medical treatment?

Deaths resulting from medical negligence support wrongful death claims against the treating providers and their institutions. These cases require review by qualified medical professionals and often involve shorter statutes of limitations than general wrongful death claims.

Can I bring a wrongful death claim against a government entity?

Claims against government units are subject to specific notice requirements and shorter deadlines than claims against private defendants. Missing the notice period generally bars the claim entirely. Consultation with an attorney soon after the death is essential when a government entity may be responsible.

What if criminal charges are pending against the responsible party?

A civil wrongful death claim is separate from any criminal prosecution and can proceed alongside it. Criminal proceedings can produce evidence useful to the civil case, and coordination between the two is important. A criminal conviction is not required to pursue a civil claim.

Do all wrongful death cases go to trial?

Most wrongful death claims resolve through settlement negotiations without reaching trial. If a fair settlement is not offered, the case proceeds through the court process. Preparation for trial from the outset strengthens the negotiating position throughout the case.

How long does a wrongful death case take?

Straightforward cases can resolve within a year to eighteen months. Cases involving multiple defendants, contested liability, or catastrophic damages can extend two to three years or longer. The timeline depends on the strength of the initial evidence and the approach taken by the defense.

How much does it cost to hire a wrongful death lawyer?

Our firm accepts wrongful death cases on a contingency fee basis. The family pays no attorney fees unless compensation is recovered, and the fee is calculated as a percentage of the recovery. All terms are documented in a written agreement at the outset of representation.

What if the death happened years ago?

The statute of limitations is a strict deadline in most states, and claims filed after the deadline are generally barred regardless of merit. Certain circumstances can toll or extend the deadline, but families should consult with an attorney as soon as possible after the death rather than waiting.

Local Information for Wrongful Death Cases

Common Circumstances Giving Rise to Wrongful Death Claims

Wrongful death claims arise across many circumstances, but certain categories account for a substantial share of the cases we handle nationally.

• Highway collisions. Fatal crashes on interstates and state highways, particularly those involving commercial vehicles or impaired drivers, account for a significant share of wrongful death claims.
• Workplace fatalities. Construction, transportation, agriculture, and manufacturing settings consistently report the highest workplace fatality rates.
• Healthcare deaths. Hospitals, surgical centers, and long term care facilities give rise to wrongful death claims when treatment falls below accepted standards of care.
• Product related deaths. Defective consumer products, dangerous drugs, and malfunctioning industrial equipment produce wrongful death claims against manufacturers and distributors.
• Premises deaths. Fatal falls, drownings, and fire incidents on residential and commercial property support wrongful death claims when the property owner’s conduct contributed to the death.

What Are Important National Resources for Wrongful Death Cases?

Several national organizations publish information relevant to prevention, investigation, and support after a wrongful death.

• Grief support resources for families who have lost a loved one are available through the Compassionate Friends, which serves families after the death of a child.
• Information on preventable death causes and injury statistics is published by Injury Facts through the National Safety Council.
• Public health information on grief and bereavement is available through the MedlinePlus bereavement resource operated by the National Library of Medicine.
• The Mothers Against Drunk Driving organization provides support services for families of victims of impaired driving fatalities.

Pioletti Pioletti & Nichols provides these references for informational purposes only and does not endorse any of the listed organizations. The information they publish is a starting point for research and does not substitute for legal advice specific to a particular case.

About Pioletti Pioletti & Nichols

Pioletti Pioletti & Nichols was founded in 1938 by Don B. Pioletti Sr. and has represented injured clients and their families for more than eight decades. The firm handles personal injury and wrongful death claims on a contingency fee basis, and its attorneys have appeared in state and federal courts across the Midwest. Joe C. Pioletti leads the firm’s wrongful death practice and is a member of the Illinois State Bar Association.

What Our Clients Say

★★★★★

“I highly recommend Pioletti Pioletti & Nichols…I had the pleasure of working with Attorney Irubiel Ferrer. And his streamlined approach to the whole process made it not only simple and fast but more importantly he was very reassuring and understanding through the process of a difficult time in my life. Very professional and just a kind person to work with.”

David Sarchet

Read more reviews on our Google Business Profile.

Contact Pioletti Pioletti & Nichols

If you have lost a loved one due to another party’s conduct, our firm is available to review the circumstances and discuss what state law allows. Representation is offered on a contingency fee basis, and no attorney fees are owed unless a recovery is obtained. A confidential consultation covers the identification of proper plaintiffs, applicable insurance coverage, the categories of damages available, and the legal standards that will govern the case. Contact us to schedule a review with a Pioletti Pioletti & Nichols attorney.