BOLINGBROOK WRONGFUL DEATH ATTORNEYS
Lost a Loved One to Negligence in Bolingbrook? We Fight for the Justice Your Family Deserves.
Phillips Law Offices has represented grieving families across Illinois since 1945. Our wrongful death attorneys handle fatal car accidents, truck crashes, medical errors, construction site fatalities, and all wrongful death cases in Bolingbrook and throughout Will County.
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(312) 346-4262
Bolingbrook’s Trusted Wrongful Death Law Firm
When a family member dies because of someone else’s negligence, the grief is overwhelming. On top of the emotional devastation, surviving family members face mounting medical bills from the final treatment, funeral expenses, and the sudden loss of income that the deceased provided. Illinois wrongful death law exists to hold negligent parties accountable and provide financial security for the families left behind.
Phillips Law Offices has represented grieving families across Illinois since 1945, recovering over $500 million in verdicts and settlements. Our attorneys handle wrongful death cases arising from fatal crashes on I-55 and I-355, construction site fatalities in Bolingbrook’s growing development zones, medical errors at local hospitals, and every other form of fatal negligence. We understand the legal complexities of filing wrongful death claims in Will County courts and fight aggressively to obtain the maximum compensation your family deserves.
Every consultation is free. We work on contingency — you pay nothing unless we win your case.
Understanding Illinois Wrongful Death Law (740 ILCS 180)
The Illinois Wrongful Death Act (740 ILCS 180) provides the legal framework for families to seek compensation when a loved one dies due to another party’s negligence, recklessness, or intentional misconduct. Understanding this statute is essential for protecting your family’s rights after a fatal accident in Bolingbrook.
Who Can File: Only the personal representative of the deceased person’s estate can file a wrongful death lawsuit in Illinois. The personal representative acts on behalf of the surviving spouse, children, and next of kin. If no estate has been opened, the court can appoint a special administrator to pursue the claim. Phillips Law Offices guides families through this process and helps establish the estate when necessary.
Statute of Limitations: Wrongful death claims must be filed within two years of the date of death (not the date of the injury that caused death) under 740 ILCS 180/2. Missing this deadline permanently bars your family’s claim. In cases where the death results from a criminal act, the statute may be extended, but you should contact an attorney immediately to protect your rights.
Recoverable Damages: Illinois wrongful death damages are designed to compensate surviving family members for their losses. These include grief, sorrow, and mental suffering of the surviving spouse and next of kin; loss of companionship, society, and consortium; lost financial support the deceased would have provided; funeral and burial expenses; and medical bills from the final injury or illness. There is no cap on wrongful death damages in Illinois.
Survival Action: In addition to the wrongful death claim, Illinois law allows a separate survival action (755 ILCS 5/27-6) to recover damages the deceased person suffered between the time of injury and death. This can include pain and suffering, medical expenses, and lost earnings during that period. Phillips Law Offices typically files both claims to maximize your family’s total recovery.
Common Causes of Wrongful Death in Bolingbrook
Fatal accidents in Bolingbrook arise from many circumstances. Phillips Law Offices has experience investigating and litigating every type of wrongful death case in Will County courts.
Fatal Car Accidents
Bolingbrook’s position at the intersection of I-55, I-355, and Route 53 makes fatal car accidents a tragic reality. High-speed collisions on the expressways, T-bone crashes at busy intersections along Boughton Road, and drunk driving accidents on weekend nights claim lives every year. Our attorneys investigate every aspect of fatal collisions, working with accident reconstruction experts to establish exactly how the crash occurred and who bears responsibility.
Fatal Truck Accidents
I-55 carries heavy commercial truck traffic through Bolingbrook daily. When a fully loaded semi-truck strikes a passenger vehicle at highway speeds, the occupants of the smaller vehicle rarely survive. Fatal truck accident cases involve complex federal regulations, multiple potentially liable parties including the trucking company and cargo loaders, and substantial insurance policies. Our attorneys know how to investigate these cases and hold every responsible party accountable.
Medical Malpractice Deaths
Medical errors are a leading cause of preventable death in the United States. Misdiagnosis, surgical errors, medication mistakes, emergency room failures, and hospital-acquired infections at Bolingbrook-area hospitals can have fatal consequences. Medical malpractice wrongful death cases require expert medical testimony establishing that the healthcare provider deviated from the accepted standard of care and that the deviation caused the death.
Construction Site Fatalities
Bolingbrook’s ongoing commercial and residential development creates numerous active construction sites where fatal accidents occur. Falls from heights, electrocutions, struck-by incidents, trench collapses, and crane accidents are among the most common causes of construction worker deaths. Illinois law allows the families of construction workers killed on the job to pursue both workers’ compensation death benefits and third-party negligence claims against general contractors, property owners, and equipment manufacturers.
Pedestrian and Bicycle Fatalities
Bolingbrook’s commercial corridors along Boughton Road and Weber Road see regular pedestrian and bicycle traffic near shopping centers, restaurants, and residential neighborhoods. When distracted or speeding drivers strike pedestrians or cyclists, the injuries are often fatal. Our attorneys investigate these cases thoroughly, using traffic camera footage, witness statements, and accident reconstruction to prove the driver’s negligence and secure full compensation for the surviving family.
Premises Liability Deaths
Property owners have a duty to maintain safe conditions for visitors. When negligent maintenance, inadequate security, or dangerous property conditions lead to a fatal accident — such as a fatal fall in a commercial building, a drowning at a poorly maintained pool, or a death caused by inadequate security at an apartment complex — the property owner can be held liable. Phillips Law Offices investigates property maintenance records and building code violations to build the strongest possible case for your family.
How We Handle Bolingbrook Wrongful Death Cases
Wrongful death cases demand a combination of aggressive legal advocacy and compassionate client service. Our attorneys guide families through every step of the process while building the strongest possible case against the responsible parties.
STEP 1
Thorough Investigation
We immediately begin gathering evidence before it disappears. This includes police and accident reports, medical records, autopsy results, surveillance footage, witness statements, and any physical evidence from the accident scene. For truck accidents, we send preservation letters to the trucking company to prevent destruction of electronic logging data, maintenance records, and driver qualification files. For medical malpractice cases, we retain medical experts to review all treatment records.
STEP 2
Establishing the Full Value of Your Claim
We work with economists, vocational experts, and life care planners to calculate the complete financial impact of your loss. This includes the deceased’s projected lifetime earnings, the value of household services they provided, future benefits and retirement contributions, and the non-economic damages of grief, loss of companionship, and loss of parental guidance for surviving children. Our goal is to document every dimension of your family’s loss.
STEP 3
Aggressive Negotiation and Litigation
Insurance companies treat wrongful death claims as high-exposure cases and deploy their most experienced adjusters and defense attorneys. Phillips Law Offices matches that with aggressive advocacy backed by decades of trial experience. We negotiate from a position of strength because defendants know we will take cases to trial when settlement offers are inadequate. Our attorneys have obtained multi-million dollar verdicts and settlements in wrongful death cases throughout Illinois.
Your Family Deserves Justice and Financial Security
No amount of money can replace your loved one. But holding the responsible parties accountable and securing your family’s financial future is the most important thing we can do. Contact us today for a free, compassionate consultation.
(312) 346-4262
Wrongful Death Case Results
Phillips Law Offices has obtained substantial compensation for families who lost loved ones due to negligence. These results reflect our commitment to thorough preparation and aggressive advocacy in wrongful death cases.
$25 Million
Verdict for a family who lost a loved one in a catastrophic motor vehicle collision. Accident reconstruction experts established the full scope of the defendant’s negligence and the devastating impact on the surviving family members.
$10 Million
Settlement in a fatal trucking accident case. Investigation revealed inadequate driver training and hours-of-service violations by the trucking company that directly contributed to the fatal crash.
$4.5 Million
Settlement for a wrongful death case arising from dangerous property conditions. Our investigation documented the property owner’s knowledge of the hazard and failure to correct it, leading to a fatal incident.
Past results do not guarantee future outcomes. Every case is different.
Why Bolingbrook Families Choose Phillips Law Offices for Wrongful Death Cases
Wrongful death cases require more than legal skill. They require attorneys who understand the depth of a family’s loss and fight with that understanding driving every decision. That’s how we approach every case.
— Stephen D. Phillips, Senior Partner
Since 1945, Phillips Law Offices has built its reputation on thorough preparation, aggressive advocacy, and a genuine commitment to every client. Wrongful death cases are among the most complex and emotionally demanding areas of personal injury law. Our attorneys have the experience, resources, and compassion to handle these cases with the seriousness they demand. Our downtown Chicago office at 161 N Clark St is easily accessible from Bolingbrook via I-55, and our attorneys regularly appear in Will County courts.
- Over $500 million recovered for injured clients and grieving families since 1945
- Five experienced trial attorneys including Stephen D. Phillips (41+ years)
- Deep experience in Will County Circuit Court (12th Judicial Circuit)
- Access to top accident reconstruction, medical, and economic experts
- Compassionate client service during your family’s most difficult time
- Contingency fee basis — no fee unless we recover compensation for you
- Aggressive negotiation backed by a proven willingness to go to trial
- We handle both wrongful death and survival actions to maximize recovery
Bolingbrook Local Resources
Will County Circuit Court: 14 W Jefferson St, Joliet, IL 60432 — (815) 727-8592. 12th Judicial Circuit for wrongful death filings.
Will County Coroner’s Office: 57 N Ottawa St, Joliet, IL 60432 — (815) 727-8455. Autopsy reports and death investigation records.
Bolingbrook Police Department: 375 W Briarcliff Rd, Bolingbrook, IL 60440 — (630) 226-8600. Accident reports and police investigations.
Illinois State Police — District 5: (815) 726-6377. For fatal accidents on I-55, I-355, and other state highways.
Frequently Asked Questions About Wrongful Death Claims in Bolingbrook
Answers to common questions from Bolingbrook families about wrongful death claims under Illinois law.
Who can file a wrongful death lawsuit in Illinois?
Only the personal representative of the deceased person’s estate can file a wrongful death lawsuit. The personal representative acts on behalf of the surviving spouse, children, and next of kin. If no estate has been opened, the court can appoint a special administrator. Phillips Law Offices helps families navigate this process and establish the estate when necessary.
How long do I have to file a wrongful death claim in Illinois?
The statute of limitations for wrongful death in Illinois is two years from the date of death. This is a strict deadline — if you miss it, your family’s claim is permanently barred regardless of how strong the evidence is. Contact an attorney as soon as possible to protect your rights and begin the investigation before evidence is lost.
What damages can be recovered in an Illinois wrongful death case?
Illinois wrongful death damages include grief, sorrow, and mental suffering of the surviving spouse and next of kin; loss of companionship, society, and consortium; lost financial support; funeral and burial expenses; and medical bills from the final injury. A separate survival action can recover the deceased’s pain and suffering between the injury and death, plus lost earnings during that period. There is no cap on wrongful death damages in Illinois.
What is the difference between a wrongful death claim and a survival action?
A wrongful death claim compensates the surviving family members for their losses — grief, loss of companionship, lost financial support. A survival action compensates the deceased person’s estate for damages the deceased suffered between the time of injury and death, including pain and suffering, medical expenses, and lost earnings. Phillips Law Offices typically files both claims to maximize total recovery for the family.
Can I file a wrongful death claim if a criminal case is pending?
Yes. Criminal and civil cases are separate proceedings. A wrongful death civil lawsuit can proceed regardless of whether criminal charges are filed. The burden of proof is lower in civil cases (preponderance of the evidence vs. beyond a reasonable doubt), so you may succeed in your civil claim even if the criminal case does not result in a conviction. Our Bolingbrook personal injury lawyers coordinate with prosecutors when necessary but pursue the civil case independently.
How much does a wrongful death attorney cost?
Phillips Law Offices handles all wrongful death cases on a contingency fee basis. You pay nothing upfront and owe no attorney fees unless we recover compensation for your family. We advance all case costs, including expert witnesses, accident reconstruction, and medical record review. Your initial consultation is free and confidential.
How long does a wrongful death case take in Will County?
Wrongful death cases are complex and typically take longer than standard personal injury cases. Straightforward cases may resolve in 12 to 18 months. Complex cases involving multiple defendants, disputed liability, or extensive medical evidence can take 2 to 4 years. Phillips Law Offices never rushes a settlement — we build the strongest possible case to maximize your family’s recovery.
What if the deceased was partially at fault for the accident?
Illinois follows a modified comparative negligence rule. Your family can still recover damages as long as the deceased was less than 51% at fault for the accident. The total compensation is reduced by the deceased’s percentage of fault. Insurance companies aggressively try to shift blame onto the deceased to reduce their liability. Our attorneys investigate every aspect of the case to minimize any fault attributed to your loved one. Read our complete guide to personal injury claims in Illinois for more details.
Talk to a Bolingbrook Wrongful Death Lawyer Today
(312) 346-4262
Related: Wrongful Death Lawyer | Bolingbrook Personal Injury Lawyer | Bolingbrook Car Accident Lawyer | Complete Guide to PI Claims | Verdicts and Settlements
This page is for educational purposes only and does not constitute legal advice. Every case is different. Contact Phillips Law Offices for a free consultation about your wrongful death case.