What Damages Are Allowed in a Wrongful Death Case?

Helping Families Rebuild After Losing a Loved One in Illinois

A wrongful death lawsuit is intended to compensate the surviving family for the untimely death of the victim. Compensatory damages are generally available for the family’s grief and emotional suffering, the loss of love, loss of care, loss of protection, loss of companionship, and the loss of financial support and services provided by the victim.

The Illinois Wrongful Death Act (740 ILCS 180) provides that the surviving family members of a victim whose death was caused by the wrongful act, neglect, or default of another party are entitled to collect compensation for “pecuniary injuries resulting from such death.” A wrongful death action must be filed in the name of a Special Administrator for the benefit of the victim’s spouse and next of kin.

Available Damages in Illinois

There are three main categories of damages that could be available, depending on the circumstances of your case. You may be able to recover compensation for:

• Loss of support: If your loved one earned a living and provided specific services to your family, you could be entitled to recover his or her lost income and compensation for other contributions;
• Loss of consortium: The law also recognizes that your loved one contributed more than just money to your family. Loss of consortium claims generally include loss of companionship, love, care, guidance, and protection;
• Grief, sorrow, and mental suffering: It is also possible to recover damages for the emotional effects of the death on you and your family. Obtaining compensation for grief, sorrow, and mental suffering can be challenging, but a qualified attorney can help.

DuPage County Wrongful Death Attorneys

The skilled lawyers at Salvi & Maher, LLP are ready to assist you with your wrongful death claim. We will help you understand what damages may be available based on the unique circumstance of your situation. Contact our office to get started. Call 847-662-3303 for a free consultation today. Our team serves families in Waukegan, Wheaton, Richmond, DuPage County, Lake County, and the surrounding areas.