What Damages are Available in a Wrongful Death Lawsuit?

 Posted on October 14, 2019 in Wrongful Death

Losing a loved one in an unexpected accident can take a massive toll on surviving loved ones. Not only does a death in the family cause heartbreak, it can also be create a tremendous financial burden to those left behind. When another party’s negligence causes a death, the deceased person’s loved ones may bring a wrongful death lawsuit against the negligent party. Through a wrongful death claim, the victim’s family can pursue compensation for medical expenses, loss of companionship, and more.

When is a Wrongful Death Claim Appropriate?

Tragic accidents happen every day, but not every unexpected death warrants a wrongful death claim. According to the Illinois Wrongful Death Act, when an individual’s death is caused by “wrongful act, neglect, or default” and the deceased person would have been eligible to recover damages if he or she survived, the personal representatives of the deceased person may pursue compensation for the benefit of the surviving spouse and next of kin. A wrongful death claim may be appropriate in the following situations:

• A drunk driver causes a deadly car accident.
• An employer fails to maintain a safe work environment and an employee dies in an accident as a result.
• Someone texting and driving veers off the road and kills a pedestrian.
• An individual dies after using a defective product created by a negligent manufacturing company. 

These are only a few examples of the many circumstances which can lead to a wrongful death claim. To learn more about whether or not your loved one’s passing constitutes a wrongful death, contact a qualified personal injury attorney. 

What Expenses Can I Receive Compensation for?

Although no amount of money can ever compensate a family for the loss of a loved one, receiving reimbursement for the associated costs can offer a grieving family financial relief. Through a wrongful death claim, you may be able to get compensation for the expenses amassed from the moment of the accident until the victim’s death. For example, a car accident victim may have required emergency medical treatment, an extended hospital stay, surgery, prescription medication, and more before he or she passed away. You may be able to receive compensation for these costs, funeral and burial expenses, the deceased’s lost wages and work benefits, and more. Illinois also allows surviving spouses to receive compensation for the “loss of consortium” or loss of the affection, love, and companionship that the deceased person provided.

Contact a Lake County Wrongful Death Lawyer

If you have lost a loved one due to the negligence or wrongdoing of another party, contact Salvi & Maher, L.L.C. to learn about your options for compensation. Speak with a Waukegan personal injury attorney about your loved one’s accident by calling our office at 847-662-3303. We offer cost-free, confidential initial consultations.

Sources:

http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2059

https://courts.illinois.gov/CircuitCourt/CivilJuryInstructions/32.00.pdf