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

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

Archive