Types of Damages Family Members Can Receive in Wrongful Death Cases

 Posted on March 24, 2022 in Personal Injury

For many people, the worst thing they can imagine is the death of a loved one. Even if a person dies of natural causes at the end of a long life, family members may struggle with grief and sorrow as they deal with this loss. However, an untimely death can be much worse, and in addition to dealing with the emotional fallout, family members may also experience significant financial difficulties. In cases where a person was killed because of someone else’s actions, their loved ones may pursue a wrongful death lawsuit, and they will need to understand the types of compensation that they may be able to receive.

Damages Available in Wrongful Death Claims

Under the Illinois Wrongful Death Act, a person’s spouse and next of kin (which may include their children or other dependents who relied on the person for financial support) may pursue compensation from the person or party who was responsible for their loved one’s death. A wrongful death lawsuit may seek multiple types of damages, including:

• Lost income and benefits - If the deceased person was one of the primary income earners for a family, the loss of this income may cause significant difficulties for their spouse and children. The survivors may seek compensation for the income that the person would have been expected to earn throughout their natural lifetime, as well as any related benefits, such as health insurance or retirement savings.

• Loss of support and services - In addition to financially supporting their family, a person may have provided a number of other services, such as caring for their children, handling household responsibilities, or maintaining and repairing a couple’s home or vehicles. Family members may be able to receive compensation for the services that they will no longer be able to receive from their loved one.

• Loss of companionship - When a person’s life is suddenly cut short, their loved ones will suffer from the loss of the loving relationship that they would have expected to have in the years and decades to come. While it can be difficult to place a monetary value on this loss, a person’s spouse and children should be compensated for the ways their lives have been affected by their loved one’s death.

• Emotional trauma - When a person is wrongfully killed, their loved ones may struggle with grief and sorrow, and adjusting to the changes in their lives can be very difficult. Compensation may help cover the costs of psychological treatment and address the emotional harm that family members have experienced.

• Disposition of remains - A family may be compensated for the costs of burial or cremation, as well as a funeral or other related services following a person’s death.

In addition to a wrongful death claim, the estate of the deceased person may pursue a lawsuit against the liable party or parties under the Illinois Survival Act. This type of lawsuit may seek to recover compensation for losses that occurred prior to the person’s death, including the costs of medical treatment and pain and suffering they experienced.

Contact Our Plainfield Wrongful Death Attorney

If your loved one has been killed because of someone else’s negligence or wrongful actions, Attorney Dan Flaherty can help you determine your options for pursuing compensation for your losses. Contact our Will County wrongful death lawyer at 815-577-7500 to set up a complimentary consultation and learn about your legal options.

Source:

https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2059&ChapterID=57