Are The Survivors Of Someone Killed In An Accident Entitled To Recover Damages For Emotional Pain Loss And Grief

Compassionate Wrongful Death Lawyers in Lake County and DuPage County When a person is killed due to the negligence or wrongful acts of another, the deceased person’s surviving spouse and next of kin are entitled to collect fair and just compensat...

Date
Mar 27, 2025
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can I recover damages for emotional pain and suffering in a wrongful death case

Compassionate Wrongful Death Lawyers in Lake County and DuPage County

When a person is killed due to the negligence or wrongful acts of another, the deceased person’s surviving spouse and next of kin are entitled to collect fair and just compensation, which includes damages for grief, sorrow, and mental suffering. It can be challenging to put a dollar value on your emotional pain, but an attorney can help.


Wrongful death claims in Illinois are primarily governed by the Illinois Wrongful Death Act (740 ILCS 180). In 2007, the Wrongful Death Act was amended to allow surviving family members of a deceased accident victim to recover “damages for grief, sorrow, and mental suffering.” This amendment was notable because prior to its passage, many case law precedents specifically directed Illinois judges and juries to not consider emotional pain or grief in wrongful death cases.

Today, such damages are available in a wrongful death claim, and they are usually sought as a separate item for compensation. Damages for grief, sorrow, and mental suffering may include expenses for psychological care, grief counseling, or therapy in addition to the overall impact of the death on your family’s emotional health.

Experienced Attorneys Who Know Illinois Law

The skilled team at Salvi & Maher, LLP understands the challenges that surviving family members face when a loved one has been killed in a tragic accident. We are committed to helping our clients recover the compensation they need to heal and move forward with their lives. A financial award cannot bring the loved one back or eliminate the loss completely, but recovering fair and just damages can be beneficial for survivors for many years to come.

If you have recently lost a loved one due to another’s actions or negligence, contact our office. Call 847-662-3303 for a free, no-obligation consultation today. We have four convenient office locations in Libertyville, Waukegan, Richmond, and Chicago.

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