Damages Available in an Illinois Wrongful Death Suit

 Posted on June 14, 2017 in Wrongful Death

Losing a family member in an accident that was caused or partially caused by another party is one of the hardest things a person can go through. Whether it a spouse or a parent, a death of this type leaves a void that is impossible to fill.

Under Illinois law, family members of an accident victim are entitled to monetary compensation by filing a wrongful death claim. This compensation is only determined once, and it is meant to address the needs of the family for years.

Thus, it is not advisable to accept a settlement from an insurance company without having your case reviewed by an attorney. Wrongful death cases can involve significant issues of law and compensation, and a professional should be involved.

Wrongful Death Law in Illinois

When someone dies in an accident that was not caused by him or her, Illinois law provides that a personal representative of the decedent's estate can file suit on behalf of the family.

Any money recovered through a wrongful death suit will be distributed by a judge to the surviving spouse and/or next of kin. The judge will look to the specific circumstances of the case as well as how dependent the close family was on the decedent.

Types of Damages in Wrongful Death Claims

One expense that could be awarded is funeral expenses. This type of compensation will often be paid to the estate of the accident victim.

Further, Illinois law states: “[T]he jury may give such damages as they shall deem a fair and just compensation with reference to the pecuniary injuries resulting from such death, including damages for grief, sorrow, and mental suffering.”

For example, a jury may award the surviving family for the injury of the children not having a father to raise them. A surviving spouse could also be compensated for having to raise a family alone and for losing a partner. A family’s grief can also be compensated.

There is one type of compensation that is not available in Illinois: punitive damages. Punitive damages are meant to punish the person at fault in the accident. Only damages meant to compensate specific injuries can be sought.

Contact a Wheaton, IL Wrongful Death Lawyer

Our firm has the necessary experience required to present your case so that your recovery is maximized. Call the accomplished DuPage County wrongful death attorney at the Law Offices of David W. Clark, P.C. to schedule your first meeting. Our firm can be reached at 630-665-5678.

Source:

http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2059&ChapterID=57

https://scholar.google.com/scholar_case?case=1819369442786089556&hl=en&as_sdt=6&as_vis=1&oi=scholarr