CHICAGO, IL – Losing a loved one is always devastating, but when their death results from someone else’s negligence or misconduct, the grief can be compounded by a sense of injustice. In Illinois, the law recognizes the impact of such losses and provides a way for surviving family members to seek compensation through a wrongful death claim. Understanding the types of compensation available can help families navigate this difficult process and ensure they receive the support they need.
What is a Wrongful Death Claim?
A wrongful death claim is a legal action filed on behalf of a deceased person whose death was caused by the wrongful act, neglect, or default of another person or entity. In Illinois, these claims are governed by the Illinois Wrongful Death Act (740 ILCS 180/), which allows the deceased’s personal representative to seek compensation for the benefit of the surviving family members.
Who Can Receive Compensation?
In Illinois, the compensation recovered from a wrongful death claim is intended to benefit the surviving spouse and next of kin, which can include:
- The surviving spouse
- Children (including adopted children)
- Parents (if the deceased had no spouse or children)
- Other next of kin in certain circumstances
The personal representative of the deceased’s estate, often a close family member or someone appointed by the court, is responsible for filing the wrongful death claim.
Types of Compensation Available
Compensation in a wrongful death case can be categorized into economic and non-economic damages. Both types are designed to address the various losses suffered by the surviving family members.
Economic damages are intended to cover the financial losses incurred due to the deceased’s death. These can include medical expenses, funeral and burial costs, loss of financial support, loss of inheritance and loss of services.
- Medical Expenses: Costs for medical care and treatment that the deceased received before their death as a result of the incident.
- Funeral and Burial Costs: Expenses related to the deceased’s funeral, burial or cremation services.
- Loss of Financial Support: The income and benefits that the deceased would have provided to their family had they lived. This includes wages, pensions and other financial contributions.
- Loss of Inheritance: The loss of an inheritance that the deceased would have left to their family members.
- Loss of Services: The value of household services and contributions that the deceased provided, such as childcare, home maintenance and other family support activities.
Non-economic damages are intended to compensate for the intangible losses that the surviving family members suffer. These can include:
- Loss of Companionship and Society: The loss of love, affection, companionship and guidance that the deceased provided to their family members.
- Grief and Sorrow: Compensation for the emotional pain and suffering endured by the surviving family members due to the death of their loved one.
Factors Influencing Compensation
The amount of compensation awarded in a wrongful death claim can vary significantly based on several factors. One factor is the deceased’s age and health. Younger and healthier individuals might have provided financial and emotional support for a longer period of time, potentially resulting in higher compensation. The deceased’s earning capacity including income, career prospects and future earning potential are crucial in calculating economic damages. Another factor is the closeness and dependency of the surviving family members on the deceased. Finally, the nature and severity of the wrongful death act that caused the death can impact the overall compensation.
Statute of Limitations
In Illinois, the statute of limitations for filing a wrongful death claim is generally two years from the date of the deceased’s death. However, certain circumstances may extend or shorten this timeframe, so it is essential to consult with an experienced wrongful death attorney to ensure the claim is filed promptly.
If you believe you have a wrongful death claim, you should contact a seasoned wrongful death attorney to evaluate your case and guide you through the complex legal process. Next, you should gather relevant documents and evidence including medical records, accident reports, witness statements and financial records. You’ll want to work with your attorney to file a wrongful death claim within the applicable statute of limitations. Finally, your attorney will negotiate with the responsible party or their insurance company, and if necessary, represent you in court to seek a fair settlement or judgment.
Conclusion
The loss of a loved one is irreplaceable, and no amount of compensation can truly make up for such a loss. However, pursuing a wrongful death claim in Illinois can provide financial stability and a sense of justice for surviving family members. Understanding the types of compensation available and working with a knowledgeable attorney can help ensure that your family’s rights are protected and that you receive the support you need during this difficult time.
Call the Dinizulu Law Group at (312) 384-1920 or fill out this form to receive a free initial consultation. If we agree to handle your case, our firm operates on a contingency fee basis which means we get paid for our services only if we recover money for you.
