CHICAGO, IL – Losing a loved one is an immeasurable tragedy, and when that loss is caused by someone else’s negligence or wrongful actions, it can be even more devastating. In Illinois, families affected by wrongful death have the right to pursue compensation to address their loss and suffering. Understanding the types of damages that can be recovered in wrongful death cases in the Chicago area is crucial for grieving families seeking justice and financial support.
What is Wrongful Death?
In Illinois, a wrongful death occurs when a person’s death is caused by another’s negligence or intentional wrongdoing. This can arise from various situations, including car accidents, medical malpractice, workplace incidents or criminal acts. The law allows the deceased’s surviving family members to file a lawsuit to seek compensation for their losses.
Who Can File a Wrongful Death Claim?
In Illinois, only certain individuals can file a wrongful death claim. Generally, the personal representative of the deceased’s estate is the one who brings the lawsuit. This representative is typically appointed through the probate court and maybe a family member, such as a spouse, child or parent.
Types of Damages in Wrongful Death Cases
When pursuing a wrongful death claim in Chicago, it is important to understand the types of damages that can be recovered. Compensation can be broadly categorized into two main types: economic damages and non-economic damages.
- Economic Damages
Economic damages refer to the tangible financial losses that result from the wrongful death. These may include:
Medical Expenses: If the deceased received medical treatment prior to their death, families can seek reimbursement for these medical expenses. This may include hospital bills, medications and other related costs.
Funeral and Burial Costs: Families can recover expenses related to the funeral and burial of their loved one. This can include costs for caskets, burial plots and services.
Loss of Income: If the deceased was the primary breadwinner, the family could claim compensation for the loss of income. This includes wages, benefits and any other earnings the deceased would have likely earned if they had survived.
Loss of Future Earnings: In cases where the deceased was expected to earn a certain income in the future, families may also seek compensation for the projected loss of earnings over the deceased’s expected working life.
- Non-Economic Damages
Non-economic damages address the emotional and psychological impact of the loss. These damages can be more challenging to quantify, but they are equally important. They include:
Pain and Suffering: Families can seek compensation for the emotional anguish and suffering caused by the death of their loved one. This may encompass the deceased’s suffering before their death, as well as the grief experienced by surviving family members.
Loss of Companionship: The death of a loved one can severely impact family relationships. Families may be entitled to compensation for the loss of companionship, guidance and emotional support they would have received from the deceased.
Loss of Parental Guidance: In cases involving the death of a parent, children may seek damages for the loss of guidance and care that they would have received throughout their lives.
Factors Affecting Compensation
Several factors can influence the amount of compensation awarded in a wrongful death case in Chicago. These may include:
- Circumstances of the Death: The specifics of how the death occurred can significantly impact the case. If the death resulted from gross negligence or willful misconduct, the potential for higher damages may increase.
- The Deceased’s Age and Health: The age and health of the deceased at the time of death can also affect compensation. Younger individuals with a longer life expectancy may lead to higher loss of future earnings.
- The Impact on Surviving Family Members: The emotional and financial impact on surviving family members will be considered when determining damages. The closer the familial relationship, the more significant the potential emotional suffering.
The Importance of a Wrongful Death Lawyer in Chicago
Navigating the legal complexities of a wrongful death claim can be overwhelming, especially during such a difficult time. Engaging a qualified wrongful death lawyer in Chicago is essential to ensure that families understand their rights and pursue the maximum compensation available. An experienced attorney can help gather evidence, assess damages, negotiate with insurance companies, and represent the family in court if necessary.
Contact a Wrongful Death Lawyer in Illinois
Understanding the compensation available in wrongful death cases is crucial for families in Chicago seeking justice for their loved ones. By recognizing the types of damages that can be recovered and the importance of legal representation, families can take proactive steps to address their financial and emotional needs following a tragic loss.
If you believe you have a wrongful death claim, reach out to our skilled wrongful death lawyers to discuss your options and ensure your family’s rights are protected. Fill out this form or call us at (312) 384-1920 to receive a free consultation. Don’t wait – get started today!
