What Damages Can I Claim for Wrongful Death in Illinois?

 Posted on May 21,2024 in Wrongful Death

When someone dies because of someone else’s negligence, it is called a wrongful death. The most common example of this is a car accident, involving either another vehicle or a pedestrian. If it can be proven that the driver who caused the accident was negligent — such as texting while driving, for example — then it is a case of wrongful death.

Under the Illinois Wrongful Death Act, the victim’s relatives can sue the liable party for damages. There are different types of damages that can be claimed, and compensation for these damages varies depending on what the victim’s family can prove. Hiring an experienced Illinois wrongful death attorney is the best way to get the most compensation possible.

There are three possible categories of damages that a victim’s family may be able to claim in a wrongful death lawsuit.

Economic Damages

Economic damages are the easiest to claim because they are quantifiable. Such damages include:

• Medical expenses related to the incident

• Funeral and burial expenses

• The loss of financial support the deceased would have provided

• The loss of benefits the deceased would have provided

• The loss of any inheritances

• The loss of goods and services the family would have received from the deceased

• The loss of lifetime earnings caused by the death

These damages are often documented and are relatively simple to evaluate.

Non-Economic Damages

Non-economic damages are more difficult to get compensated for because they cannot be quantified and finding evidence to prove them can be hard. These damages include:

• Pain and suffering experienced by the victim’s family

• Emotional distress suffered by the victim’s relatives

• The loss of love, companionship, and care that the victim would have provided

• The loss of consortium, which refers to non-tangible things the victim’s spouse will now miss out on, such as sexual intimacy, romantic activities, shared housework, and other actions

• The loss of guidance and nurture the deceased would have provided the family

Punitive Damages

Punitive damages are the most difficult to claim because they are not meant to compensate anyone for anything they lost. Instead, punitive damages are awarded purely to punish the liable party if his or her actions were particularly outrageous. They are meant to be a deterrent to other would-be perpetrators. Because of this, punitive damages are awarded in rare cases. 

Contact a Waukegan, Illinois Wrongful Death Attorney

What type of damages and how much compensation you can claim depends on the facts of your case and the attorney you hire. An experienced Lake County, Illinois wrongful death lawyer will know how to present the facts of the case to your advantage and claim the most damages possible under the law. At Salvi & Maher, LLP, we have recovered over $300 million in settlements and verdicts for our clients, including survivors of wrongful death victims. Call our compassionate, knowledgeable attorneys at 847-662-3303 today.