Losing a loved one unexpectedly can be devastating. Not only do you have to deal with your grief and sorrow, but you may also have to find a way to support your family and handle the financial expenses caused by the sudden death. A wrongful death claim, and the damages that can result, may be able to help your family during this sad time.
If you lost a loved one because of another’s neglect or carelessness, you should not have to shoulder the financial burden caused by their actions. The experienced wrongful death attorneys at Rapoport Weisberg & Sims P.C. have spent nearly four decades zealously representing accident victims and their families. We can help demand the compensation you deserve. Call us now to receive your free, no-obligation case review.
Purpose of Wrongful Death Damages
Wrongful death cases are civil cases. They are not criminal cases, which are designed to punish someone for wrongdoing. Instead, these types of cases recognize that the death of a loved one when caused by a wrongful act, intentional conduct, or negligence can cause harm to the surviving loved ones of the deceased. There is no way to bring a loved one back, so the law provides the award of monetary compensation as a way to provide some degree of justice to the surviving family.
It is a presumption under Illinois law that death causes substantial pecuniary losses to the next of kin.
Types of Wrongful Death Damages in an Illinois Wrongful Death Case
The Illinois Wrongful Death Act says that the personal representative can pursue a wrongful death claim for the “pecuniary injuries” of the surviving spouse and next of kin of the decedent. These injuries may involve the following types of damages:
Economic Damages
Economic damages can be quantified and are easier to calculate. They may include financial losses such as:
- Loss of income and financial support
- Funeral and burial expenses
- Loss of financial support
- Loss of inheritance
- Loss of services provided by the decedent
- Money, goods, and services received by the decedent’s next of kin
You may have receipts, bills, invoices, or testimony from experts that can substantiate these losses. You will want to provide this evidence to your lawyer so that they can present it during the trial or settlement negotiations.
Non-Economic Damages
The Illinois Wrongful Death Act specifically states that pecuniary injuries include grief, sorrow, and mental suffering. These are part of non-economic damages, which are losses that survivors face but that cannot be as easily quantified.
Other forms of non-economic damages may include:
- Loss of consortium
- Loss of society
- Loss of instruction, moral training, and superintendence of education the decedent’s children would have received from the decedent
These damages depend on who survived the decedent and are determined on a case-by-case basis.
Damages for the Loss of a Child
The Illinois Pattern Jury Instructions says that jurors can consider the following factors when determining damages in a wrongful death case of a child:
- The money, benefits, goods, and services the child provided in the past
- The money, benefits, goods, and services the child would have likely provided in the future
- The child’s age
- The child’s health
- The child’s physical and mental characteristics
- The child’s habits of industry, sobriety, and thrift
- The child’s occupational abilities
- The grief, sorrow, and mental suffering of the next of kin
- The relationship between the person for whom the claim is being made and the deceased child
These damages can be difficult to quantify, especially if the child was a newborn. An experienced Chicago-based wrongful death lawyer may consult with expert witnesses who can help determine the damages available in such cases.
Survival Action Damages
In addition to a wrongful death claim, many states such as Illinois allow survival actions. These legal claims seek damages for the losses the victim suffered between the time of their injury and death. They include monetary damages that are typically included in personal injury cases, including:
- Medical expenses
- Lost wages
- Lost earning capacity
- Pain and suffering of the deceased
If there is a survival action in addition to a wrongful death action, the damages must be clearly delineated to avoid duplicative damages.
Punitive Damages
The family may also be able to receive punitive damages in cases involving egregious misconduct. Punitive damages are intended to punish the defendant for outrageous behavior and prevent similar actions in the future. While Illinois previously prohibited punitive damages in wrongful death cases, a recent change in the law may provide a pathway for victims to receive these damages.
Who Benefits from Wrongful Death Damages?
Illinois law specifically states that compensation in wrongful death claims “shall be for the exclusive benefit of the surviving spouse and next of kin” of the decedent. The next of kin are the closest living relatives of the decedent, such as their children, parents, or siblings.
If the decedent had no surviving spouse or next of kin, those who furnished hospitalization, surgical, or medical services for the decedent’s last injury or illness and those who paid to administer the estate can recover compensation through a wrongful death claim, up to certain amounts.
How Wrongful Death Damages Are Calculated
The Illinois Wrongful Death Act states that the jury awards damages in an amount they deem fair and just compensation. The Illinois Pattern Jury Instructions sets out parameters jurors can use to determine an appropriate amount of compensation to award. It starts out by saying that if the jury finds the defendant is liable, it must fix the amount of money that would reasonably and fairly compensate the next of kin and widow of the decedent for the pecuniary loss they have suffered. The pecuniary loss is based on the evidence that was presented during the trial and can include loss of money, goods, services, benefits, society, and sexual relations.
It also states that when a decedent leaves children or lineal next of kin, there is a presumption that the next of kin has sustained some “substantial pecuniary loss by reason of the death.” The jury can consider several factors when determining what amount of compensation to award, including any of the following factors that apply:
- The money, benefits, goods, and services the decedent provided in the past
- The money, benefits, goods, and services the decedent would have likely provided in the future
- The decedent’s age
- The decedent’s health
- The decedent’s habits of industry, sobriety, and thrift
- The decedent’s occupational abilities
- The grief, sorrow, and mental suffering of the next of kin
- The relationship between the decedent and next of kin
- The marital relationship between the decedent and widow or widower
- The instruction, moral training, and superintendence of education the decedent would have provided to their children had they lived
- The decedent’s personal expenses and other deductions
There are certain reductions that juries must make to these amounts. For example, if the case is concerning the wrongful death of a child, the jury must reduce the amount of compensation by the amounts parents likely would have paid if the child had lived. If the jury finds that a beneficiary contributed to the death, their award is reduced by their degree of fault.
There is no presumption that there is a loss of support or society when siblings are the beneficiaries of wrongful death damages.
In addition to the discretion to determine an appropriate amount of compensation, the jury also has the discretion to determine which next of kin beneficiaries receive which portion of damages. They do this by considering all of the beneficiaries who are dependent on the decedent and in what amounts and apportion the damages accordingly.
FAQs About Wrongful Death Damages
What Is My Wrongful Death Claim Worth?
Every wrongful death claim is different, so there is no set amount for how much you might expect to receive. Additionally, juries are given broad discretion to determine an appropriate amount of compensation.
One way to determine the potential value of your wrongful death and survival claims is to add up your damages, which might include:
- Final medical expenses
- Funeral and burial costs
- Lost wages
- Loss of financial support
- Loss of inheritance
- Loss of services
- Pain and suffering
- Grief
- Sorrow
- Mental suffering
Some of these damages are difficult to quantify, so it’s best to ask a seasoned wrongful death attorney about the potential value of your claim.
How Long Does a Wrongful Death Claim Take?
There is no set time for how long a wrongful death claim may take. Some cases may settle in a few months, while others may result in litigation that takes years.
Some of the factors that could make a case take longer include:
- Liability is unclear or multiple defendants might be at fault
- Longer investigations are necessary to determine how the death occurred and who is responsible for it
- A criminal case is involved and you are waiting for its outcome before pursuing a civil claim
- More extensive damages are involved, and the insurance company or defendant wants to avoid paying them
- The case involves litigation
An experienced wrongful death lawyer can work diligently on your case to ensure you receive maximum compensation in the most expeditious manner possible.
Who Is Financially Responsible for Paying Wrongful Death Damages?
The person who is legally responsible for your loved one’s death is also the party financially responsible for paying these damages. However, it can sometimes be tricky to determine who this party is.
For example, if another driver crashed into your loved one in their personal vehicle, they may be responsible for the death. However, if they were working at the time, you may also have a claim against their employer. If your loved one died in a truck accident, one or more parties may be responsible for your loved one’s death, including the truck driver, company, cargo loading company, manufacturer, or mechanic.
An experienced wrongful death lawyer can investigate your claim and determine all parties who may be at fault for your loved one’s death and build a customized legal strategy to pursue maximum compensation from them.
How Are Wrongful Death Settlements Paid Out?
There are two primary ways wrongful death settlements are paid out: in a lump sum or through a structured settlement. A lump sum provides all of the compensation up front. A structured settlement provides periodic payments over time, usually on a monthly basis, until you receive the full amount of compensation. The method that is best will depend on your individual circumstances. For example, if you have immediate financial needs, you may prefer a lump-sum settlement. But if you are trying to provide for your minor children and pay for their college, you might prefer a structured settlement. An experienced wrongful death lawyer can work with you to structure your settlement in a way that most benefits you.
Still Have Questions? Contact Us
At Rapoport Weisberg & Sims P.C. We know that no amount of money can ever give you what you really want: your loved one back. But we hope that a wrongful death claim can give you a sense of justice and accountability that you may have been denied through other pathways. Financial support can also provide relief to individuals mourning the loss of a spouse, child, parent, or other loved one.
If you have any questions about filing a wrongful death claim or wrongful death damages, we encourage you to contact our Chicago-based wrongful death attorneys at Rapoport Weisberg & Sims P.C. We can help determine your legal rights and options, answer any questions you have, and pursue the justice and accountability your family deserves. Call us today to schedule a free, no-obligation consultation.
Related:
