What Types of Damages are Available in a Wrongful Death Lawsuit?

 Posted on January 22, 2020 in Wrongful Death

Everyone faces death eventually. However, some people are taken from this earth too soon. If you have lost a loved one in a car accident or other incident caused by negligence, you may be completely unsure of what to do next. The unexpected loss of a loved one not only causes sorrow and grief but often great financial harm as well. Your loved one may have undergone expensive medical treatments before he or she passed away that now leave your family burdened with medical debt. The death may have left the deceased person’s spouse and children without their main source of income and healthcare benefits. These are only some of the damages that may be available through a wrongful death claim.

Illinois Law Regarding Wrongful Death

Wrongful death claims are civil claims brought against a party who is liable for a death. A wrongful death claim could follow a fatal drunk driving accident, fatal work accident, or many other scenarios. Illinois law states that a party may be entitled to recover damages when death is caused by “wrongful act, neglect, or default.” Under Illinois law, a personal representative of the deceased—often the executor of the state—may bring a wrongful death “for the exclusive benefit of the surviving spouse and next of kin of the deceased person.”

What Can I Receive Compensation For in a Wrongful Death Lawsuit?

No amount of money can compensate someone for the loss of human life. However, a wrongful death lawsuit can help a grieving family avoid being bankrupted by the death. Through a wrongful death claim, you may be able to receive damages such as the loss of economic support, loss of services, and loss of society caused by the death. You could be compensated for the loss of the deceased person’s income as well as the loss of the deceased person’s services such as caring for children. The term “loss of society” refers to the loss of companionship and guidance previously provided by the deceased person. You may also be eligible to receive compensation for your loved one’s pain and suffering and your own grief, sorrow, and mental anguish. Damages may also be awarded for funeral and burial expenses and medical expenses incurred before the deceased person passed away.

Contact a Waukegan Wrongful Death Lawyer

If you have lost a loved one through a wrongful act or act of negligence, contact Salvi & Maher, L.L.C. to learn more about how a wrongful death claim may provide the financial relief your family needs. Call our office today at 847-662-3303 and schedule an appointment with an experienced Lake County personal injury attorney to discuss your case.

Sources: 

https://courts.illinois.gov/CircuitCourt/CivilJuryInstructions/31.00.pdf

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