WRONGFUL DEATH

A wrongful death case involves the death of an individual because of the wrongful conduct of another. Unlike other personal injury cases where the person suing is the party actually injured, in a wrongful death case, family members or the estate of the deceased person bring suit to obtain compensation.

Wrongful Death Case

The purpose of a wrongful death case is to recover damages on behalf of the surviving relatives or family members or the decedent’s estate. The compensation allowed is for damages for the emotional and financial distress that the family members sustained as a result of the death.

The damages are often referred to as “pecuniary” injuries or damages. These damages include money, goods, and services received by the next of kin of the deceased. In the case of surviving children, the damages include the instruction, moral training, and education that the children would have received from the deceased parent. A surviving spouse may also recover damages for the loss of the spousal relationship.

Wrongful Death Action

The elements of a wrongful death action are similar to a personal injury case. The plaintiff must show that a wrongful act, whether negligent, intentional, or reckless conduct, caused the death of an individual; that the wrongful conduct would have permitted the injured party to file a lawsuit but for the individual’s death, and that the plaintiff sustained damages as a result of the death.

The Illinois Wrongful Death Act

In Illinois, the Wrongful Death Act provides the personal representative of the decedent with the authority to file a lawsuit for the benefit of the “next of kin.” A personal representative is not necessarily a beneficiary of the estate but, instead, files the lawsuit on behalf of others. In fact, the representative may be appointed by the state of Illinois.

The proceeds of a wrongful death case go to the next of kin, which includes the surviving spouse, surviving children, parents, or siblings of the decedent.

Illinois Survival Statute

Although the Illinois Wrongful Death Act only allows for compensation to be awarded for pecuniary injuries, the Illinois Survival Statute allows for damages to be recovered for the pain and suffering experienced by the decedent from the time of the injury until the time of death.

In a survival action, the representative of the decedent or plaintiff must prove that the decedent actually and consciously endured pain and suffering before death in order to obtain compensation. If the death, however, is instantaneous or the decedent is rendered immediately unconscious, an action for pain and suffering cannot be sustained.

Staver & Gainsberg

We at Staver & Gainsberg have the experience and expertise to recover damages for the death of loved ones both under the Wrongful Death Act and the Survival Act.

If you, a family member, friend, or co-worker has a possible claim because of a wrongful death, please call Staver & Gainsberg at 312-422-1130 immediately. The initial consultation is free. We will take most cases on a contingency basis, which means we do not get paid until we recover funds or obtain a monetary award.

The statute of limitation provides a specific time frame during which the decedent’s personal representative may bring a suit; therefore, you should not delay in contacting Staver & Gainsberg regarding any claim for wrongful death.

Disclaimer: The information on this website is not intended as a legal opinion or legal advice. The facts of every case are different and give rise to issues that may not even be discussed here. You are urged to consult an attorney who is licensed to practice in your area before you take any legal action.