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Wrongful Death

When lives are tragically changed because of a death caused by the negligence of another person, it takes attorneys who understand not only the legal complexities, but also the emotional strain incurred by a wrongful death lawsuit.

Such cases allow families to seek compensation from the negligent party for damages suffered after the loss of a loved one. Generally, family members who are entitled to bring a wrongful death lawsuit include a surviving spouse and/or surviving children. These family members bring a lawsuit for injuries the deceased family member suffered, injuries the family members themselves have sustained, and future damage done as a result of loss of a loved one.

Foote-Meyers believes in handling these delicate matters with expertise and compassion. We use our experience, as well as nationally-recognized experts, to aggressively seek and obtain the full compensation available to surviving family members.

While a quick resolution is not always possible, Foote-Meyers works efficiently and effectively on behalf of its clients to allow them to move on with their lives.

Who can bring a wrongful death lawsuit under Illinois law?

Most commonly, wrongful death actions are brought by a personal representative for the deceased's spouse and/or the deceased's children if the deceased was an adult. If there is neither a surviving spouse nor any surviving children, other next of kin that are entitled to bring a wrongful death suit include parents, siblings, nieces and nephews. If the deceased was a child, parents and siblings are entitled to bring a wrongful death suit. If there is neither a surviving spouse nor any next of kin, the deceased's estate itself can bring a wrongful death action.

What if the deceased person survived for a period of time after sustaining injuries?

If the deceased individual survived for any period of time after receiving the fatal injuries, his or her personal representative is entitled to bring a suit, referred to as a survival action, on behalf of the deceased person.

What types of compensation are available?

A surviving spouse and next of kin are entitled to receive any of the following damages that are applicable:

Loss of companionship

Loss of services

Loss of future income

Loss of consortium

In a survival action, the estate of the deceased is entitled to receive any of the following damages that are applicable:

Medical expenses

Past lost wages

Pain and suffering

Physical disability

Property damage

What if my family member was partially at fault?

Wrongful death and survival actions can be brought even if the deceased individual was partially at fault, as long as the deceased was not more at fault than the defendant. Any compensation awarded is reduced by the percentage amount that the deceased was determined to be at fault.

How are damages awarded if there is more than one person entitled to recover?

After damages are awarded by either a jury or judge, the judge will determine what amount will be received by each entitled family member. This determination is based primarily on the closeness and quality of the relationship with the deceased family member. If the case settles before proceeding to trial, the family members themselves must determine the distribution.

For more information on Wrongful Death cases, contact our offices to speak to a Foote-Meyers attorney who specializes in this area.