What Damages Are Available From an Illinois Wrongful Death Claim?

 Posted on July 23, 2021 in Wrongful Death

When a person suffers serious injuries, the impact on their own life is clear. An injury victim may struggle with physical pain and limitations, mental stress, interruptions to their daily life, and financial challenges. However, it is also important not to overlook the impact on a victim’s family, especially if the injuries are ultimately fatal. Fortunately, surviving family members have the ability to recover compensation through a wrongful death claim when their loved one is killed due to someone else’s negligence.

When is a Wrongful Death Claim Possible?

As with a personal injury claim, a wrongful death claim requires evidence of negligence that led to the injuries suffered. Commonly, wrongful death claims are filed in response to motor vehicle accidents, whether the injuries are immediately fatal or they result in fatal complications later on. A wrongful death claim may also be warranted after other types of fatal incidents, including construction and other work-related injuries, medical malpractice, and nursing home abuse or neglect.

Recovering Compensation

Illinois law requires that a wrongful death claim be brought by the victim’s estate, meaning that whoever serves as the estate executor or administrator is responsible for initiating the claim. However, any damages recovered will be distributed to the victim’s spouse or next of kin. If multiple surviving family members were dependent on the deceased for financial support, the recovery will be allocated accordingly.

When pursuing a wrongful death claim, it is important to take full consideration of all of the damages you may be owed. In part, this includes compensation that would have been available to the deceased through a personal injury claim, such as payment for their property damage and medical bills before their death, as well as non-economic damages for pain and suffering.

Surviving family members can also recover compensation for damages they have suffered as a result of their loved one’s death. Available economic damages include funeral and burial expenses, as well as compensation for the loss of financial support that the victim would have provided throughout the rest of their life. Non-economic damages are also available for grief, sorrow, mental suffering, and loss of companionship.

Contact a Chicago, IL Wrongful Death Attorney

At Adler Law Offices, LTD., we have successfully represented the estates of numerous people whose lives have been cut short, helping their families recover the full available compensation. We can help you gather the evidence you need to support your claim, and advocate for you in settlement negotiations or litigation. For a free consultation, call our Cook County personal injury lawyer today at 312-236-2700.

Source:

https://ilga.gov/LEGISLATION/ILCS/ilcs3.asp?ActID=2059&ChapterID=57