Pursuing Compensation in Cases of Wrongful Death

Web Admin - Friday, May 11, 2018
Mount Prospect wrongful death lawyerThe death of a loved one is devastating for a family. In addition to the grief that family members experience, they will often struggle with financial difficulties, especially when the deceased person is a family’s primary income earner. These issues become even more difficult when the death could have been prevented or occurred because of someone’s negligent or careless actions. When family members are working to put their lives back together after a tragic loss, they should be sure to understand their options for pursuing compensation through a wrongful death lawsuit.

Illinois Wrongful Death Laws

According to Illinois law, wrongful death occurs when a person’s death is caused by someone’s wrongful or negligent acts. Acts are considered negligent if the victim could have pursued a personal injury lawsuit against the liable party or parties had they not died. A liable party may be an individual person or a company or corporation.

A personal representative of the deceased person may file a wrongful death lawsuit on behalf of the person’s surviving family members, and damages recovered are for the “exclusive benefit” of those survivors. Wrongful death cases have a two year statute of limitations in Illinois (that is, a lawsuit must be filed within two years of the date of death), although this statute of limitations is extended to five years (or one year after the final disposition of a criminal case) if the death was caused by “violent intentional conduct” such as murder, voluntary or involuntary manslaughter, or reckless homicide.

Wrongful Death Damages

A wrongful death lawsuit can seek to recover damages from the party responsible for the death, and these damages may be economic or non-economic. Types of damages include:

  • - Medical expenses - A family may be compensated for the costs of hospitalization, surgery, or any other medical treatment the deceased person received before their death.
  • - Burial expenses - Compensation may include funeral costs and any expenses related to the disposition of the deceased person’s remains.
  • - Lost income - One of the primary types of economic damages families experience is the loss of the income earned by the deceased person, as well as any benefits they received. Wrongful death compensation can address these damages, providing a family with the financial means to meet their ongoing needs.
  • - Emotional damages - A family may be able to receive compensation for the grief and sorrow they experience because of the loss of their loved one.
  • - Loss of society - In addition to economic damages and emotional harm, a family will be deprived of their relationship with their deceased loved one, and they may be compensated for the loss of love and companionship, as well as the education, instruction, or services which the deceased person would have provided for their family.

Contact a Barrington Wrongful Death Lawyer

If your family member has died because of someone’s actions or negligence, the attorneys of Drost, Gilbert, Andrew & Apicella, LLC can help you understand your options for filing a wrongful death lawsuit. We will work to help you receive the compensation you need to address your financial difficulties and emotional suffering. Contact an Inverness personal injury attorney at 847-934-6000 to arrange a personalized consultation.

Ken ApicellaAbout the Author: Attorney Ken Apicella is a founding partner of DGAA focusing in the areas of personal injury, employment, insurance coverage disputes, and civil litigation. Ken earned his J.D. from DePaul University College of Law in 1999. He has been named a SuperLawyers Rising Star and a Forty Illinois Attorneys Under Forty to Watch. Ken has written and lectured for the Illinois Institute for Continuing Legal Education and regularly serves as a moderator at Northwest Suburban Bar Association's Continuing Legal Education seminars.


Recent Posts


Inverness estate planning lawyer wills and trusts drug crimes lawyer Inverness accident lawyer wrongful death owner responsibility Des Plaines personal injury lawyer denied insurance claims real estate leasing Illinois Workers’ Compensation Commission Illinois civil litigation lawyer guardianship attorney drunk driving Inverness elder law lawyer spinal cord injury Arlington Heights employment attorney Barrington employment law firm cell phone tower data privacy medical malpractice compensation child safety preventing accidents Crystal Lake estate planning lawyer advance healthcare directive Illinois driving without license accidental death benefits real estate attorney Arlington Heights wills and trusts attorney DMV estate planning, death tax, succession plans, business estate plans, Barrington estate planning lawyers anesthesia errors Arlington Heights lawyer Rolling Meadows employment attorney Chicago corporate attorney insurance attorney comp time Rolling Meadows Attorney Schaumburg construction accident lawyer Attorney Ken Apicella golf accidents estate plan jet ski Chicago will attorney, social media platforms, Illinois estate planning lawyer, medical research defective products Arlington Heights Traffic Lawyer natural gas explosion TBI home inspection lawyer Arlington Heights accident attorney overtime violations Palatine civil attorney dynasty trusts Barrington personal injury lawyer Palatine injury attorney Schaumburg estate planning lawyer license revocation medical malpractice claims Rolling Meadows business lawyer unfunded trust real estate zoning Illinois business law atorneys Rolling Meadows corporate lawyer Arlington Heights medical malpractice lawyer probate lawyer bicycle dooring accidents Illinois Smoke Detector Act rumble strips Crystal Lake traffic attorney IRA trust transfer commercial real estate Des Plaines real estate attorney Buffalo Grove probate lawyer Illinois criminal defense attorney trucking accident lawyers healthcare probate process Rolling Meadows employment law attorney Illinois employment laws Chicago will attorney power of attorney defective products lawyer jet ski accidents Arlington Heights employment law attorneys drug crimes Mt Prospect Attorney Crystal Lake pedestrian accident lawyer subcontractor Long Grove real estate attorney Colin Gilbert probate claims Illinois employment law firm Schaumburg estate attorney Illinois personal injury lawyers motorcycle accident insurance claim denial Palatine traffic lawyer Home Remodeling Repair Act employment lawyer estate planning attorney Schaumburg criminal attorney startup company distracted driving accident victims Des Plaines drug crimes lawyer Illinois Probate Act of 1975 Illinois corporate lawyer Long Grove estate planning digital assets, digital fiduciary, estate planning, digital content, Long Grove estate planning lawyers Crystal Lake pet attorney Arlington Heights wills and trusts attorneys rent to own real estate contracts products liability Palatine drug lawyer Palatine real estate lawyer Inverness real estate attorney Illinois personal injury lawyer reckless homicide Illinois workplace lawyer Buffalo Grove traffic lawyers Illinois insurance claim dispute lawyer Class A misdemeanor workers comp comparative negligence life insurance lawyer Illinois business lawyer wrongful termination Crystal Lake car accident lawyer Schaumburg wrongful death attorney Joliet general practice lawyers Palatine employment attorney Kenilworth estate planning attorneys Illinois Human Rights Act power of attorney for healthcare Palatine trusts lawyer Schaumburg corporate attorney surgical mistakes Barrington litigation attorney Crystal Lake civil litigation lawyer motorcycle accident lawyer pedestrian accidents elder law deadly crashes blood alcohol content Crystal lake insurance dispute attorney texting and driving Palatine traffic accidents Inverness injury lawyer Arlington Heights wills and trusts lawyers Long Grove real estate lawyer product liability Deer Park DUI lawyer Illinois employment attorneys license reinstatement BAC Schaumburg car accident attorney gift tax exemption, estate planning, estate planning strategies, Illinois estate planning, South Barrington estate planning attorneys Crystal Lake traffic lawyer vacation home Arlington Heights wills and trusts lawyer Illinois small business Barrington drug crime attorney Palatine estate planning lawyer Forcible Entry FMLA estate planning lawyer Crystal Lake employment lawyer Illinois trusts attorney coronavirus Mount Prospect elder law attorney Inverness real estate lawyer Buffalo Grove real estate attorney civil litigation Illinois traffic attorneys Arlington Heights trucking lawyer car crash injuries traffic deaths back injuries Jay Andrew Deer Park real estate law firm Crystal Lake employment law attorney social media after death business litigation Crystal Lake accident attorney bike accident FSLA personal injury claim Palatine construction attorney Rolling Meadows personal injury lawyers Illinois registered agent Inverness personal injury attorney Illinois insurance claim attorney Illinois medical malpractice claim Rolling Meadows insurance lawyer pet law field sobriety test Employment Discrimination Law corporate law Palatine insurance lawyer Illinois DUI attorney personal injury law firm Illinois law Schaumburg Attorney Illinois living will in terrorem provision Barrington civil litigation attorney Illinois job attorney cell phone workers compensation benefits Illinois estate planning attorney Long Grove estate planning attorneys Barrington estate planning attorney criminal record BUI workplace sexual harassment Illinois traffic ticket lawyer Barrington attorney Des Plaines personal injury lawyers Des Plaines tax law firm forming a corporation in Illinois insurance claims Illinois Wage Payment and Collection Act employment attorney Kenilworth estate planning lawyer marijuana crimes attorney Mount Prospect real estate lawyer wills Arlington Heights traffic attorney Transfer on Death Instrument medical malpractice Illinois Transfer on Death Instrument life insurance policy Barrington criminal defense lawyer Barrington Illinois estate planning lawyer federal regulations for LLCs Illinois real estate lawyer trustee real estate lawyer special needs trust Landlord Tenant Ordinance wage theft Chicago employment attorney Buffalo Grove law firm Illinois lawyer senior citizens dealing with problem employees Do Not Resuscitate Illinois insurance claim dispute lawyers Inverness probate lawyer speeding Rolling Meadows probate lawyer Rolling Meadows minimum wage Illinois workers compensation attorney Exclusions LLCs Rolling Meadows employment law attorneys commercial leases real estate hands free device distracted driving accidents Des Plaines medical malpractice attorney unauthorized overtime trust payments Des Plaines motorcycle accident attorney car accidents Des Plaines Traffic Lawyer employee rights Illinois mortgages Illinois pet lawyer Illinois real estate whistleblower protections Chicago biking tips Schaumburg civil litigation attorney Illinois insurance attorney Rolling Meadows estate planning attorney traffic tickets Rolling Meadows boating crash lawyer living wills caretaker rights Inverness insurance attorney Illinois insurance lawyer Palatine workers compensation lawyer insurance disputes vacation home fines automated cars Rolling Meadows medical malpractice lawyers Family Medical Leave Act bad faith insurance claims Schaumburg Buffalo Grove corporate attorney insurance denials sole proprietorship Chicago insurance law firm Kenilworth estate planning attorney Illinois pedestrian accident attorney DGAA dog bites consent to a search Barrington injury attorney South Barrington real estate attorney Barrington boating accident attorney hit and run accident Crystal Lake will lawyer Chicago insurance claim attorneys Rolling Meadows insurance dispute lawyers, insurance dispute Illinois insurance claims lawyers Deer Park traffic accident attorney Deer Park criminal attorney Illinois probate lawyer drug possession car accident lawyers Illinois motorcycle accident lawyer installment contracts Illinois trucking safety Arlington Heights estate planning attorney Long Grove wills and trusts attorneys healthcare claims employee misclassification unpaid overtime Self-Directed IRA Accounts creditors Des Plaines pet law attorney Des Plaines criminal attorney slip and fall accidents Des Plaines claims law firm Crystal Lake bike accident lawyer Rolling Meadows insurance attorney personal injury Illinois traffic accident lawyer disability benefits digital media accounts, estate planning, Arlington Heights estate planning attorney, Deer Park motorcycle accident lawyer employment law, Illinois employment laws capital gains tax criminal Chicago employment lawyer criminal defense Schaumburg real estate lawyer Illinois medical malpractice case Illinois estate planning law firm car crash DUI murder charges Schaumburg estate planning attorney insurance adjusters Deer Park medical malpractice attorney medical malpractice, missed diagnosis, delayed diagnosis, medical mistake, Deer Creek medical malpractice lawyers Illinois employment law Illinois tax attorney Crystal Lake medical malpractice attorneys drug crime real estate closing Riverwoods estate planning lawyer truck collisions Illinois wills and trusts Illinois will lawyer DNR DUI defense insurance dispute dram shop law employment contract, employment law, employment at-will, Deer Park employment law attorneys, contract, insurance claim delay federal crimes Federal Food Drug and Cosmetic Act Inverness traffic law firm Arlington Heights personal injury attorney unpaid assessment preventable medical errors probate taxes rest breaks Chicago estate planning lawyer insurance claim dispute attorney breach of contract foreclosed rental property Chicago car accident lawyer auto accidents icy parking lots tax attorney Palatine Attorney operating agreements college kids landlord Retaliatory Discharge liens construction contracts Rolling Meadows Traffic Lawyer traffic violations investment property meal breaks Buffalo Grove insurance claim dispute lawyers Illinois personal injury attorney work unions llinois Real Estate Lawyers Association trusts Illinois speeding lawyer Des Plaines collections attorney fiduciary rule delay Barrington real estate lawyer Barrington employment attorney traffic crimes workers compensation Palatine employment lawyer living trust benefits trucking accidents swimming pools Thanksgiving Chicago attorney Rolling Meadows insurance dispute lawyers personal injury claims Rolling Meadows traffic law firm problem employees Illinois Trust Code contracts Illinois wrongful termination lawyer Illinois personal injury Arlington Heights criminal lawyer manufacturing Illinois employment law attorney traffic accidents Des Plaines insurance attorney personal injury, auto accident injuries, delayed injuries, serious injuries, Des Plaines personal injury attorneys natural gas commercial leasing personal injury lawyer insurance dispute, insurance dispute lawyers, insurance claim denial, insurance claim delays, Rolling Meadows insurance dispute attorneys bicycle accidents insurance agents filing a medical malpractice claim Home Sale Contingencies construction accidents Arlington Heights car accident lawyer attorney fees pedestrian injuries, pedestrian fatality independent contractor POA estate attorney mortgage liability claims Schaumburg personal injury lawyers employment law, meal breaks, rest breaks, hotel employees, Des Plaines employment law attorneys Buffalo Grove injury lawyer DUI penalities fatal car accidents Rolling Meadows traffic attorney changes to mortgage law fiduciary rule Crystal Lake personal injury lawyer estate planning, digital assets, Revised Uniform Fiduciary Access to Digital Assets Act, Illinois digital assets, Illinois estate planning, severance agreements Schaumburg employment law attorneys boating accidents Affordable Care Act personal injury attorney income distribution deducation Illinois rollover accident lawyers underfunded trust Barrington workers compensation attorney BAIID overtime pay Palatine corporate law attorneys Barrington medical malpractice lawyers employee discrimination GM ignition switches Schaumburg criminal law attorney Illinois LLC creation sexual images insurance claim denials Des Plaines insurance claim condo association Food and Drug Administration's Food Safety Modernization Act Deer Park personal injury lawyer underinsured motorist Chicago estate planning Rolling Meadows litigation lawyer Illinois injury lawyer Schaumburg probate attorney insurance denial appeals job lawyers car accident Inverness civil lawyer Barrington personal injury attorney involuntary manslaughter Palatine law firm residential real estate Barrington criminal lawyer head on collisions privacy laws eluding a police officer loss of consortium first degree murder Schaumburg personal injury attorney probate claims process Des Plaines injury law firm condo boating DUI pain and suffering compensatory time underage DUI appealing an insurance claim Illinois attorney Schaumburg traffic lawyer Buffalo Grove car accident lawyer license civil rights violation pet bites Illinois traffic laws trauma after an accident car collision Arlington Heights TBI attorney Schaumburg injury lawyer Des Plaines DUI attorney estate planning for college students real estate attorneys Chicago traffic lawyer paid sick leave murder wrongful termination, employment law, whistleblower protections, Illinois employment laws, discrimination in the workplace digital information Rolling Meadows tax attorney Colin H. Gilbert Illinois employee rights attorney. criminal law Illinois workplace discrimination attorney Rolling Meadows real estate attorney Arlington Heights tax lawyer Crystal Lake personal injury attorney Illinois collections attorney estate tax Illinois traffic attorney IRELA insurance dispute attorney PTSD Illinois medical malpractice attorney Illinois insurance dispute lawyers Barrington employment law attorney civil litigation attorney Palatine probate lawyer Deer Park employment law attorney elder abuse institutional trustee living trust Illinois red light cameras suspended license mass shooting digital evidence financial advisors Buffalo Grove employment lawyer Crystal Lake injury attorney Fair Labor Standards Act Chicago lawyer boating under the influence Chicago trucking accident attorney expungement no contest clauses Schaumburg personal injury lawyer trench injuries Schaumburg elder law lawyer traumatic brain injury fault based insurance Palatine personal injury lawyer Illinois wills and trusts attorneys revenge porn ObamaCare Inverness DUI lawyer Illinois bicycle safety Des Plaines personal injury attorney Des Plaines accident attorney controlled substance Crystal Lake law firm marijuana crossover accidents Illinois defective products attorney pregnant women Legal Info Illinois home inspection driving Rolling Meadows personal injury attorney Des Plaines real estate lawyer health insurance dispute nursing home negligence personal injury accidents life insurance ACA premises liability Illinois insurance disputes traffic laws Schaumburg employment attorney employment law DUI attorney Liquor Control Act Policy Cancellation low-ball insurance settlement Arlington Heights real estate lawyer deed transfer medical marijuana employees uninsured motorist estate planning trusts Palatine corporate attorney insurance disputes, Illinois insurance disputes, Illinois insurance dispute attorneys, denied insurance claims, Arlington Heights insurance dispute attorneys spinal cord injuries estate planning Rolling Meadows criminal lawyer insurance claim dispute Barrington business law firm School Visitation Rights Act breathalyzer test Buffalo Grove personal injury lawyer denial of life insurance Schaumburg insurance lawyers right to work liability Crystal Lake business law attorneys Arlington Heights pedestrian accidents Crystal Lake car accident attorney Buffalo Grove criminal defense lawyer Crystal Lake tax lawyer medication errors Illinois elder law attorney Rolling Meadows accident lawyer pedestrian-automobile accident Illinois employment lawyer rollover accidents Crystal Lake employment attorney Des Plaines drug lawyer Crystal Lake medical malpractice law firm Crystal Lake insurance lawyer denied insurance claim Illinois employment law attorneys Crystal Lake medical malpractice lawyer Long Grove estate planning attorney homestead rights Palatine criminal defense lawyer clemency Crystal Lake criminal defense attorney Illinois medical malpractice lawyers Barrington Traffic Lawyer Schaumburg drug defense lawyer Rolling Meadows DUI lawyer probate fees IRA benefits food poisoning caregiver Illinois Des Plaines civil attorney Schaumburg medical malpractice lawyer foreclosure pizza emoji Rolling Meadows marijuana attorney Rolling Meadows drug defense attorney Buffalo Grove traffic attorney Palatine civil litigation lawyer hiring employees pedestrian accident small business Illinois boating accident lawyer Buffalo Grove personal injury attorney new real estate form Inverness corporate attorney traffic violations defense Arlington Heights car crash attorneys drunk driving statistics living trust vs will traffic offenses blended families traumatic brain injuries Fourth of July insurance negligence Palatine punch death Buffalo Grove medical malpractice lawyers car crashes real estate contract Arlington Heights injury attorney Illinois jet ski accident lawyer Palatine elder law attorney texting while driving South Barrington real estate lawyer Rolling Meadows criminal attorney CAM holiday statistics construction accidents, personal injury, wrongful death, Arlington Heights personal injury attorneys, workers' compensation Rolling Meadows car accident lawyers landlord tenant law loopholes digital assets license suspension Whistleblower Claims Deer Park workers compensation lawyer modern family estate planning drugs slip and fall pay when paid contract Illinois construction accident attorney Mount Prospect wills and trusts lawyers Deer Park traffic lawyer life insurance claims Palatine employment law lawyer gift taxes car accident lawyer Arlington Heights Attorney brain injury Illinois estate planning internet Detainer Actions sexual harassment agent employment contract Illinois workers compensation lawyer rollover car crashes ken apicella Rolling Meadows personal injury lawyer Super Mario insurance agent negligence murder defense Palatine business attorney Arlington Heights personal injury lawyer Illinois Sales Representative Act Barrington estate planning lawyer Deer Park accident attorney IRS Illinois car accident attorney Arlington Heights insurance attorney cell phone accidents irrevocable trust