WHEATON WRONGFUL DEATH ATTORNEYS
When Negligence Takes a Life in Wheaton, We Fight for Your Family’s Justice.
Phillips Law Offices represents Wheaton and DuPage County families who have lost loved ones due to negligence, recklessness, or intentional harm. Fatal car accidents on Roosevelt Road and I-88, truck crashes on the I-355/I-88 corridor, medical errors at area hospitals, and workplace fatalities throughout DuPage County leave families devastated. Our attorneys pursue full accountability under the Illinois Wrongful Death Act (740 ILCS 180) so your family can secure justice and financial stability.
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Get an honest assessment of your Wheaton wrongful death case. No fees unless we win.
(312) 346-4262
Wheaton’s Trusted Wrongful Death Law Firm
Losing a family member to someone else’s negligence is devastating. Beyond the emotional trauma, families face sudden financial burdens — funeral costs, lost household income, medical bills from the final illness or injury, and an uncertain future. Phillips Law Offices has represented families in wrongful death cases across Illinois since 1945, recovering over $500 million in verdicts and settlements.
The Illinois Wrongful Death Act (740 ILCS 180) allows the personal representative of the deceased person’s estate to file a lawsuit on behalf of surviving family members. Wrongful death lawsuits in Wheaton are filed in the DuPage County Circuit Court (18th Judicial Circuit) at 505 N County Farm Road — right in Wheaton. Phillips Law Offices has deep experience in this court and handles every aspect of the case, including helping families navigate the DuPage County probate process to appoint a personal representative.
Every consultation is free. We work on contingency — you pay nothing unless we win your case.
Common Causes of Wrongful Death in Wheaton
Fatal Motor Vehicle Accidents
I-88, I-355, and Roosevelt Road carry heavy volumes of traffic through the Wheaton area. Fatal crashes on these high-speed corridors involve both passenger vehicles and commercial trucks. The DuPage County area’s busy intersections, particularly along Roosevelt Road at Main Street and Naperville Road, produce fatal T-bone and pedestrian collisions. Drunk driving, distracted driving, and speeding cause preventable fatalities throughout DuPage County. Our attorneys pursue wrongful death claims against all negligent parties and their insurance carriers.
Medical Malpractice Deaths
When healthcare providers at Northwestern Medicine Central DuPage Hospital, Marianjoy Rehabilitation Hospital, or other area facilities make fatal errors — misdiagnosis of heart attacks or strokes, surgical mistakes, medication errors, failure to diagnose cancer — families lose loved ones to preventable negligence. Medical wrongful death claims require an affidavit of merit from a qualified physician. See our Wheaton medical malpractice page for details.
Premises Liability Deaths
Fatal falls at commercial properties, apartment buildings, and construction sites in Wheaton and DuPage County create wrongful death claims against property owners who failed to maintain safe conditions. Inadequate security leading to fatal assaults may also support premises liability wrongful death claims.
Workplace Fatalities
Construction accidents, industrial equipment failures, and highway work zone crashes claim workers’ lives throughout DuPage County. When a third party’s negligence causes a workplace death, surviving families can pursue a wrongful death claim in addition to workers’ compensation death benefits. These third-party claims provide compensation that workers’ comp does not cover.
Illinois Wrongful Death Act (740 ILCS 180): What DuPage County Families Need to Know
Who Can File: Only the personal representative of the deceased person’s estate can file a wrongful death lawsuit. The claim is brought on behalf of the surviving spouse, children, and parents. Phillips Law Offices helps families navigate the DuPage County probate process to appoint a personal representative.
Statute of Limitations: Two years from the date of death (740 ILCS 180/2). If the death resulted from a violent crime, the deadline extends to five years. Missing the deadline permanently bars the claim.
Available Compensation: Lost income and benefits the deceased would have earned, loss of companionship and society, grief and emotional suffering, funeral and burial expenses, and pre-death medical expenses. Illinois does not cap wrongful death damages. Punitive damages may be available in egregious cases.
Survival Actions: A separate survival action (755 ILCS 5/27-6) compensates the estate for the deceased’s conscious pain and suffering between injury and death. Both claims can be pursued simultaneously. Read our complete guide to personal injury claims in Illinois for more details.
DuPage County Courts: Wrongful death lawsuits in Wheaton are filed in the DuPage County Circuit Court (18th Judicial Circuit) at 505 N County Farm Road in Wheaton. Phillips Law Offices has extensive experience in this court.
Your Family Deserves Justice and Financial Security
No amount of money replaces a loved one. But a wrongful death claim holds the responsible party accountable and provides financial stability for your family’s future.
(312) 346-4262
Wrongful Death Case Results
$25 Million
Verdict for catastrophic injuries resulting in death. Expert testimony established the full impact on the surviving family.
$10 Million
Settlement in a fatal trucking accident involving hours-of-service violations and inadequate driver training.
$4.5 Million
Settlement for wrongful death caused by dangerous property conditions.
Past results do not guarantee future outcomes. Every case is different.
Why Wheaton Families Choose Phillips Law Offices
Wrongful death cases require both legal skill and human compassion. Families are grieving while facing complex legal proceedings. We handle the legal fight so families can focus on healing.
— Stephen D. Phillips, Senior Partner
- Over $500 million recovered for injured clients and families since 1945
- Experienced trial attorneys including Stephen D. Phillips (41+ years)
- Experience in DuPage County Circuit Court (18th Judicial Circuit) — the courthouse IN Wheaton
- Assistance with DuPage County probate to appoint estate representative
- Access to accident reconstruction, medical, and economic experts
- Compassionate approach combined with aggressive advocacy
- Contingency fee basis — no fee unless we recover compensation
- Direct attorney access throughout your case
Wheaton Local Resources
Northwestern Medicine Central DuPage Hospital: 25 N Winfield Rd, Winfield, IL 60190 — (630) 933-1600.
Wheaton Police Department: 900 W Liberty Dr, Wheaton, IL 60187 — (630) 260-2161.
DuPage County Circuit Court (18th Judicial Circuit): 505 N County Farm Rd, Wheaton, IL 60187 — (630) 407-8700.
DuPage County Coroner: 421 N County Farm Rd, Wheaton, IL 60187 — (630) 407-8440.
Frequently Asked Questions
Who can file a wrongful death lawsuit in Wheaton?
Only the personal representative of the deceased person’s estate. The claim benefits the surviving spouse, children, and parents. Phillips Law Offices helps families navigate DuPage County probate.
What is the statute of limitations for wrongful death in Illinois?
Two years from the date of death (740 ILCS 180/2). Five years if death resulted from a violent crime. Missing the deadline permanently bars the claim.
What compensation is available in a wrongful death claim?
Lost income and benefits, loss of companionship, grief, funeral expenses, and pre-death medical expenses. Illinois does not cap wrongful death damages. Punitive damages may be available in egregious cases.
What is a survival action?
A survival action compensates the estate for the deceased’s suffering between injury and death. It is separate from the wrongful death claim and both can be pursued simultaneously for maximum recovery.
Can I file a wrongful death claim if a criminal case is pending?
Yes. Civil and criminal cases are separate proceedings with different standards of proof. A civil claim can succeed even without a criminal conviction.
How much does it cost to hire a wrongful death lawyer?
Phillips Law Offices works on contingency. No upfront costs, no fees unless we win. We advance all case costs. Your consultation is free.
Do I need to open an estate to file a wrongful death claim?
Yes. Illinois law requires the personal representative of the estate to file the lawsuit. We help families navigate DuPage County probate to appoint a representative.
How long does a wrongful death case take in DuPage County?
Most cases take 12 months to 3 years depending on complexity, number of defendants, and whether it settles or goes to trial. We never rush a resolution at the expense of fair compensation.
Talk to a Wheaton Wrongful Death Lawyer Today
(312) 346-4262
Related: Wrongful Death Lawyer | Wheaton Personal Injury Lawyer | Wheaton Medical Malpractice Lawyer | Naperville Wrongful Death Lawyer | Stephen D. Phillips | Verdicts and Settlements | Complete Guide to PI Claims
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.