Do Wrongful Death Cases Result in Automatic Compensation?

 Posted on October 16, 2023 in Personal Injury

Losing a loved one due to another person’s negligence or wrongful actions is among the most devastating experiences someone can go through. In such cases, the surviving family members may wonder if they are entitled to automatic compensation through a wrongful death claim. Compensation in wrongful death cases is not automatic. If you need legal assistance in pursuing a wrongful death claim, contact an experienced lawyer to provide you guidance moving forward.

Establishing Liability

The first step in an Illinois wrongful death case is establishing liability. This involves proving that the negligence of someone else caused the death. It is crucial to gather as much relevant evidence as you can, like accident reports, witness statements, and professional opinions, to support the claim. Once liability is established, compensation may be pursued through a wrongful death lawsuit. 

Compensation for Economic Losses

Wrongful death compensation aims to provide financial support for the economic losses suffered by the surviving family members. This may include medical bills, funeral bills, loss of income, and future financial contributions that the deceased would have made to the family. The court considers many factors, such as the earning capacity of the deceased individual, their age, and life expectancy, to determine the appropriate compensation for these economic losses. 

Calculating Non-Economic Losses 

Wrongful death compensation may also provide for non-economic damages. Emotional anguish and loss of companionship experienced by the surviving family members are examples of non-economic damages that may be available. While non-economic damages are more challenging to quantify, the court takes into account the relationship between the deceased and the family members, the level of support and care provided, and the emotional impact of the loss.

The Role of Insurance Coverage 

In many wrongful death cases, compensation is often obtained through insurance coverage. The at-fault party’s liability insurance may provide coverage for the damages awarded. However, insurance policies may have limits that restrict the amount of compensation available. If the liable party is uninsured or underinsured, exploring other avenues, such as personal assets or other insurance policies, may be necessary to secure full compensation. 

Contact a Joliet, IL Wrongful Death Attorney

Wrongful death cases do not result in automatic compensation. Instead, the legal process involves establishing liability, calculating economic and non-economic losses, and navigating the often complex realm of insurance coverage. Seeking legal representation from an experienced wrongful death attorney is crucial to ensure that grieving families receive the appropriate compensation for their devastating loss. Contact the skilled Will County, IL wrongful death lawyers with Schwartz Injury Law for high-quality legal guidance. Call 708-888-2160 for a free consultation.