What is a Wrongful Death Case in Illinois and What Can be Recovered?
by Jeffrey J. Kroll
A wrongful death occurs when someone dies due to another person or entity’s negligence. There are numerous scenarios in which this can happen, including medical malpractice, auto collisions, construction accidents, nursing home negligence, slip and fall accidents, and explosions. Each situation represents a potential wrongful death case.
What is a Wrongful Death Case?
Wrongful death cases are civil lawsuits which aim to provide the victim’s family with a sense of justice and financial compensation. A wrongful death case is not a criminal case. A wrongful death claim is, essentially, had the decedent had the ability to file a lawsuit, if they survived, they would have been able to bring the lawsuit. (740 ILL COMP. STAT. 180/1 (2021)). However, in a wrongful death claim, someone needs to bring the suit – but who can bring it?
Who Can File a Wrongful Death Case in Illinois?
In Illinois, a court-appointed personal representative typically files the lawsuit. While this person is often a family member living in the state, other individuals may qualify as well. Key qualifications for this role include being a U.S. resident, at least 18 years old, without a felony conviction, and of sound mind.
Recovering Damages in a Wrongful Death Lawsuit
The primary goal of a wrongful death lawsuit is to provide fair compensation to the grieving family. While it cannot bring the deceased back, a successful case seeks both economic and non-economic damages. These damages may include:
- Survival Action: Compensation for the decedent’s conscious pain and suffering before death.
- Funeral and Burial Expenses: Costs related to the decedent’s funeral and burial.
- Lost Wages: Potential income the deceased would have earned had they survived.
- Medical Expenses: Costs associated with medical care before death.
- Grief and Sorrow: Emotional suffering caused by the loss.
- Loss of Companionship: Also known as “loss of consortium,” compensation for the emotional impact of losing a loved one.
- Punitive Damages: In Illinois, punitive damages are allowed in wrongful death matters to punish the responsible party.
The wrongful death attorneys at Kaveny + Kroll have vast amounts of experience in representing family members who have lost a loved one at the hands of another. At Kaveny + Kroll, we understand and can empathize with you and can passionately and professionally demonstrate your family’s loss.