What Types of Financial Damages can You Sue for in an Illinois Wrongful Death Lawsuit?
You can sue for the following things in an Illinois wrongful death case:
- pain and suffering
- lost consortium
- lost society
- punitive damages
Typically, you might receive different amounts and kinds of compensation within each of the categories listed above but these are the broad headings of relief in Illinois wrongful death lawsuits. Every state has different tort laws regarding damages that can be recovered in a wrongful death case. Most states allow for economic recovery of damages such as medical expenses, burial expenses, income loss and other specific economic losses. Other damages that may be recovered are less tangible, such as pain and suffering, both for the deceased and their family. In some cases, punitive damages may be awarded, but this is not normally the case in Illinois. Mattyasovszky v. West Town Bus Co., 61 Ill. 2d 31, 34 (1975).
- What Can Relatives Claim In An Illinois Wrongful Death Case?
- What To Do I Need To Show In An Illinois Wrongful Death Case?
- How Much Can I Get In An Illinois Wrongful Death Case?
- What Do Plaintiffs In Illinois Recover From Wrongful Death Cases?
- What Do Plaintiffs Around The Country Recover From Wrongful Death Cases?
- Call Us To Find Out What You Can Get In An Illinois Wrongful Death Case
What Can Relatives Claim In An Illinois Wrongful Death Case?
A surviving spouse can uniquely claim a loss of consortium with the departed because of the general conception of pecuniary loss. Consortium damages include typical aspects of the marriage relationship such as companionship, guidance, and sexual relations. Elliot v. Willis, 92 Ill. 2d 530 (1982). Similarly, kin that were not married to the decedent can claim a loss of society that is similar to a consortium loss. Hall v. Gillins, 13 Ill. 2d 26 (1958). Your Chicago wrongful death attorney can discuss what damages are relevant in your case and are eligible to file for in the state where the lawsuit will take place.
What To Do I Need To Prove In An Illinois Wrongful Death Case?
There are specific elements you must plead and demonstrate in an Illinois wrongful death case in order to succeed at trial or settlement. They mirror other kinds of cases, like negligence actions, but differ in certain regards as well. This might seem obvious but you have to show a body; you have to point out that someone died. Then, you need to highlight how the defendant's misconduct caused that death. Finally, you need to illuminate how the death caused the surviving next of kin specific or general damages. How you get to each of these elements changes with every case because they're all different. However, it is important to remember that no matter how unique your case is, it still must fit within the umbrella of this wrongful death suit structure.
How Much Can I Get In An Illinois Wrongful Death Case?
Rather than give clients a specific number, we try and offer them a number of things to think about when they are trying to estimate what they can get in an Illinois wrongful death case. First, how long can you afford the trial to go on for? What kind of expenses did the death incur you? Was the decedent working at the time of his or her death? Was the decedent in any way responsible for the incident that led to her or her death? All of these questions should factor into your analysis of case worth. After pondering them for some time, you should speak with an experienced attorney to identify what you could potentially recover in court or settlement for your Illinois wrongful death case.
What Do Plaintiffs In Illinois Recover From Wrongful Death Cases?
As hard as we try to avoid the subject, we realize that numbers matter. Especially when you're talking about what a wrongful death case could be worth in Illinois, figures about past case awards do show families what the value of a trial is. Since 1990, the median recovery for families pursuing recovery is about $200,000. The average, though, is much more than that and typically reaches over $1,000,000. Also, nearly one-third of claimants receive more than $1,000,000 in compensation. Finally, Illinois sees a vast amount of all the wrongful death cases in the country. In fact, this could be related to why many of the awards and settlements are so high.
What Do Plaintiffs Around The Country Recover From Wrongful Death Cases?
It can be useful to compare Illinois facts and figures about wrongful death litigation to those around the country. The median recovery for the nation is a bit higher than Illinois'. Plaintiffs in the other 49 states receive about $250,000 and average well north of $1,000,000 since 1990. However, not as many plaintiffs obtain sums higher than $1,000,000. Where that number is one-third in Illinois, it is only one-fifth nationally. Also, on average, the other states see a little bit less wrongful death litigation than Illinois does.
Call Us To Find Out What You Can Get In An Illinois Wrongful Death Case
Each wrongful death case turns on the particulars of the underlying death: how it happened; who did it; what family the decedent had; what the decedent was doing at the time of the death. Therefore, it is hard to give a precise estimate on what a wrongful death case in Illinois will obtain through jury award or settlement amount. However, as mentioned above, you can predict generally where recovery will come from and what you will be able to sue for in a lawsuit like this. Our law firm has experience representing families in wrongful death matters. Some examples of the type of cases include:
- Car accidents
- Medical malpractice
- Nursing home abuse
- Trucking crashes
- Pedestrian accidents
- Pharmacy errors
- Boat accidents
Typically, you can get compensation for costs, grief, and lost support. However, if you speak with us, we can review your suit for free and help you understand what your suit presents in terms of possible recovery. We have seen a lot of cases. Learn from our experiences. Contact the Rosenfeld Injury Lawyers LLC at (888) 424-5757 or email us through our website.
For additional information see the following pages:
- Are Proceeds From a Wrongful Death Lawsuit Taxable Under Illinois Law?
- How Much Will it Cost Me to File a Wrongful Death Lawsuit?
- What is The Best Way to Choose an Illinois Wrongful Death Attorney?
- What is The Legal Definition of "Wrongful Death" Under Illinois Law?
- What Does it Cost to Talk With an Attorney to Find Out If I Have a Wrongful Death Case?
- Who Can File For a Wrongful Death Lawsuit Under Illinois Law?
- How Long Do I Have to File a Wrongful Death Lawsuit in Illinois?