What Compensation Is Available In An Illinois Wrongful Death Claim?

On Behalf of Johnston Law Offices P.C   |   Feb 6, 2023   |   Wrongful Death Knowledge Panel ,

Losing a loved one is a devastating experience, and the financial implications associated with their death can add even further stress to an already overwhelming situation. This blog post looks at what compensation is available in an Illinois wrongful death claim and how you can secure it.

Who Can File a Wrongful Death Claim?

In Illinois, the following individuals may file a wrongful death claim:

  • The deceased person’s spouse
  • The deceased person’s child or children
  • The deceased person’s parents
  • The deceased person’s stepchildren, if they were dependent on the deceased person for support
  • The deceased person’s adopted children if they were dependent on the deceased person for support
  • Any other individual who was dependent on the deceased person for support, such as a fiancé, life partner, or close friend

If the above individuals do not file a claim within six months of the death, then the estate’s personal representative may file a claim on behalf of all interested parties.

What Types of Damages Are Available in an Illinois Wrongful Death Claim?

In Illinois, the types of damages available in a wrongful death claim include:

  • Compensatory damages: Intended to reimburse the victim’s family for their losses, including medical and funeral expenses, lost income, loss of companionship, and pain and suffering.
  • Punitive damages: Designed to punish the wrongdoer and deter others from engaging in similar behavior, punitive damages are not available in every case but may be awarded if the defendant’s actions were particularly egregious.
  • Wrongful death survivor claims: In Illinois, certain family members may bring a separate claim for their own losses arising from the death of their loved one, including claims for loss of consortium (companionship), mental anguish, and emotional distress.

Wrongful death claims in Illinois can be complicated and overwhelming. Therefore, it is essential to seek the advice of a qualified attorney with experience handling wrongful death cases. An experienced attorney will be able to assess your case, identify all available sources of compensation, evaluate damages, and ensure you are receiving the total amount owed under Illinois law.