Wrongful Death

There are few losses more devastating than the unexpected death of a loved one — and when that death is caused by someone else’s negligence, recklessness, or misconduct, Illinois law provides a path to hold wrongdoers accountable and provide surviving family members damages for their catastrophic loss. 

Who Can Bring the Claim & How It Works

Laws determining who may file a wrongful death claim vary by state. Under the Illinois Wrongful Death Act, for example, a personal representative (typically the executor or administrator of the decedent’s estate) must file the case.  The action is filed on behalf of the surviving spouse and next-of-kin, which may include children, parents, and siblings. 

When the decedent would have had a viable personal injury claim for damages they suffered while they were still alive, the estate may also bring a “survival” action (under the Illinois Survival Act) for damages, including pain and suffering, loss of normal life, and emotional distress the decedent experienced before death. 

Recoverable Damages

Many states, including Illinois, allow recovery of both economic and non-economic damages, including:

• Medical and funeral expenses incurred before death
• “Pecuniary loss” including loss of financial support, services, guidance, companionship, love, and affection (“loss of society”) for surviving family members (spouse, children, next-of-kin)
• Grief, sorrow, and mental suffering
• Pain and suffering, loss of normal life, emotional distress endured by the decedent (in survival claim) before death