A wrongful death claim arises when a party causes the death of someone because of intentional torts, negligence, or other wrongful acts. The Illinois Wrongful Death Act states a wrongful death claim can be filed if the deceased would have been able to maintain a personal injury claim for damages had they lived. Money does not bring back a loved one, but it does hold the party who caused the death accountable for their actions. In this blog, our Chicago wrongful death attorneys explain the basics of wrongful death claims in Illinois.
Who Can File an Illinois Wrongful Death Claim?
The law requires that the decedent’s personal representative file a wrongful death lawsuit. The estate files the lawsuit on behalf of the decedent’s surviving family members. The spouse, children, parents, siblings, and other relatives may qualify as “next of kin.”
The court divides the damages in a wrongful death case among the surviving spouse and next of kin. The amount each family member receives is determined on a case-by-case basis. A judge determines what is fair and just when dividing the proceeds of a wrongful death claim.
The judge bases the amount awarded to the individual family members on the amount of financial and emotional suffering they experienced because of their family member’s death. Judges may also consider other factors, such as the closeness of the relationship between the family member and the decedent, the person’s level of dependence on the decedent, and the family member’s age.
What Damages Are Available for an Illinois Wrongful Death Claim?
Illinois wrongful death laws acknowledge that surviving family members incur financial losses in addition to the emotional suffering caused by the death of a loved one. Therefore, the estate may receive economic and non-economic damages for a wrongful death claim.
Examples of damages in a wrongful death claim include:
- Reasonable burial and funeral costs
- Loss of financial support from the decedent, including wages, insurance coverage, retirement funds, etc.
- Grief, sorrow, and mental anguish
- Loss of household services, including childcare, housekeeping, maintenance, etc.
- Loss of instruction or education for the deceased’s children
- Out-of-pocket expenses, such as medical bills paid between the decedent’s injury date and date of death
- Loss of inheritance
- Loss of consortium and companionship
Illinois is one of the few states where family members can seek compensation for their grief and suffering. Many states do not include compensation for pain and suffering damages for family members in wrongful death cases.
What Is the Deadline to File a Wrongful Death Claim Under the Illinois Statute of Limitations?
Most wrongful death claims have a two-year filing deadline. The time begins with the person’s death, which may not be the same day they sustained the injury that caused their death. However, there could be exceptions to the rule, so it is best to consult an attorney as soon as possible.
Schedule a Free Consultation With Our Chicago Wrongful Death Attorneys
Contact Hale & Monico to discuss filing a wrongful death lawsuit with our attorneys. Schedule a free consultation with a Chicago wrongful death attorney to learn about your legal options for seeking justice for you and your family.