DGAA bLAWg

How Does Illinois Law Address Wrongful Death?

Web Admin - Tuesday, September 17, 2019
Barrington wrongful death attorneyThe death of a loved one can be very difficult, and it can affect an entire family. In addition to causing a great deal of emotional pain, the death can have a large financial impact as well, and family members may struggle to pay for medical care that was needed for their loved one, address funeral and burial expenses, and meet their own ongoing needs after the loss of an income provider. These issues can be hard to overcome in any circumstances, but they can be even more challenging if the death could have been avoided. A wrongful death may occur because of improper acts or negligence by others, and in these cases, family members may choose to seek financial damages from the party who was responsible. 

Common Causes of Wrongful Deaths


The Centers for Disease Control and Prevention (CDC) has reported that in 2017, nearly 170,000 people died from unintentional injuries. The most common types of injuries are accidental poisoning, motor vehicle accidents, and falls. While not all of these cases may have been considered wrongful death, a large portion of them could have been prevented, and negligent parties such as drivers, product manufacturers, or property owners may have been responsible. In addition, a study by Johns Hopkins Medicine concluded that more than 250,000 people die each year because of medical malpractice. In these cases, family members may be able to pursue compensation for a death that occurred because of the negligence of medical professionals.

How Do I File a Wrongful Death Claim in Illinois?


The Illinois Wrongful Death Act allows surviving family members of a wrongfully killed individual (typically a spouse or next of kin) to pursue monetary compensation from the person or company that was responsible for the death. A civil lawsuit may be filed, and if the defendant is found liable for the death of the victim, damages may be awarded to the surviving family members.

The compensation provided to the family members may include multiple types of damages. In addition to paying for the actual costs surrounding the death, such as any medical treatment received and expenses for the victim’s funeral or burial, the defendant may also be required to repay the family for the income lost because of the death, the loss of companionship, and the grief, sorrow, and mental suffering they have experienced. If compensation is awarded by the court, or if the parties reach a settlement agreement, the amount recovered will be distributed by the court to the surviving spouse and next of kin. 

Contact a Deer Park Wrongful Death Lawyer


If you are coping with the loss of a loved one that occurred because of someone else’s negligence, you should be sure to understand your options for pursuing financial compensation. The compassionate attorneys at Drost, Gilbert, Andrew & Apicella, LLC can provide you with the legal help you need during these difficult times. Our experienced Crystal Lake personal injury attorneys will work to ensure that you receive the compensation that addresses the emotional and financial harm your family has suffered. Contact our office at 847-934-6000 to schedule a free initial 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.



Sources:
http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2059&ChapterID=57
https://www.cdc.gov/nchs/fastats/accidental-injury.htm
https://www.hopkinsmedicine.org/news/media/releases/study_suggests_medical_errors_now_third_leading_cause_of_death_in_the_us

Recovering for the Death of a Relative

Web Admin - Friday, August 14, 2015

Illinois wrongful death lawyerIn some cases, the negligence or wrongdoing of another person may result in the death of a victim before the victim has a chance to pursue legal action against those individuals responsible for the death. For surviving spouses or children, recovery is still possible through a wrongful death action. These actions can be very important in helping secure the financial stability of survivors.

What is a Wrongful Death Lawsuit?

Wrongful death lawsuits allow surviving spouses and children of individuals who die as a result of the negligence or wrongdoing of another person to recover monetary damages from the person responsible for the death. A wrongful death claim is usually brought by the representative of the decedent’s estate on behalf of the survivors. The survivors are called the “real parties in interest.” For the claim to be successful, the plaintiffs must demonstrate the death would not have occurred but for the actions of the defendant.

The two possible damage awards for wrongful death actions include economic and non-economic. Economic damages are tangible or the actual financial costs of the decedent’s death. They may include costs like lost expected future earnings or medical and funeral expenses. Non-economic damages are for items like mental anguish or pain and suffering. While these damages are often more difficult to determine than economic damages, they may result in much greater awards.  

One other form of damages that you may hear about are punitive damages. This type of damage is intended to punish the defendant for exceptionally bad conduct. However, punitive damages are not available to survivors in wrongful death actions in Illinois.

Illinois Law

Under Illinois law, a jury may award damages that they deem as being fair and just “compensation with reference to the pecuniary injuries resulting from death, including damages for grief, sorrow, and mental suffering.” Pecuniary damages are economic, like a decedent’s wages or the costs of the funeral. “Grief, sorrow, and mental suffering” refer to non-economic damages.

Another important issue to be aware of is the statute of limitations. In most cases, the wrongful death action must be filed within two years after the death of the decedent. However, an action against a defendant arising from a crime committed by a defendant in whose name an escrow account was established under the Criminal Victims’ Escrow Account Act must be filed within two years after the establishment of the account.

If negligence is the cause of action for the decedent’s death, contributory negligence must be considered. While contributory negligence is not a defense for the defendant, if the decedent’s death was caused in whole or in part by the decedent’s actions, the damage award is reduced by the percentage of fault assigned to the decedent. Therefore, the recovery amount may be reduced in some cases.

If you would like more information about the possible methods of recovery for injuries you or a loved one have suffered, speak with an experienced Illinois personal injury law attorney today. Our firm proudly serves the communities of the northwest suburbs, including areas such as Crystal Lake, Buffalo Grove, Arlington Heights, Des Plaines, and Deer Park.

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


Tags

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

Archive