Wrongful death

To get answers to frequent questions about our wrongful death lawsuits, please select one of the links below.

• Who can bring a wrongful death lawsuit under Illinois law?
• What if the deceased person survived for a period of time after sustaining injuries?
• What types of compensation are available?
• What if my family member was partially at fault?
• How are damages awarded if there is more than one person entitled to recover?

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 himself or herself. 

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 each family member who is entitled to recover will receive. 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 about wrongful death lawsuits and our other law practice areas, please call us at (630) 232-6333 or fill out our contact form.