Economic and Non-Economic Damages in an Illinois Wrongful Death Case

 Posted on June 29, 2021 in Wrongful Death

Any time a person suffers catastrophic injuries, the personal and financial consequences are severe for both the injured person and their loved ones. When a person’s injuries ultimately prove to be fatal, surviving family members are confronted with the seemingly insurmountable challenge of recovering from their grief and loss. Certainly, grieving is a process that can continue for a lifetime, but if you have lost a loved one, you may have options for making the process more manageable, including pursuing compensation for their wrongful death.

Economic Damages for Wrongful Death

According to Illinois law, when a person loses their life due to the negligence of another, their claim for compensation does not die with them. The victim’s spouse, children, or other surviving family members have the right to file a wrongful death claim, through which they can recover economic damages suffered by both the victim and themselves.

Examples of economic damages in a wrongful death case include:

• The victim’s medical expenses - If an injury victim survives for a time, the costs of medical care provided in an attempt to save their life can be quite substantial. Unfortunately, these costs often fall on the victim’s family. However, a wrongful death claim can require the negligent party to reimburse the family for these expenses.
• Damage to the victim’s property - Especially in car crash cases, a fatal accident can be accompanied by substantial property damage, possibly to a vehicle that the victim’s family relied on for transportation. A negligent party can also be ordered to provide for the cost of repairs or replacement.
• Loss of financial support - The death of an income provider can leave a family in a precarious financial situation. Fortunately, a wrongful death claim can include damages for the income the victim would have provided throughout the rest of their life.
• Funeral and burial expenses - Honoring your loved one’s memory with a proper funeral and burial can be expensive, especially if you are not prepared for it. A wrongful death claim can provide funds to help you lay your loved one to rest in the way they deserve.

Non-Economic Damages for Wrongful Death

A wrongful death claim can also include compensation for non-economic damages, including:

• The victim’s pain and suffering - The effects of a catastrophic injury may have led to significant hardship in the last months or weeks of the victim’s life, and it is important to consider these damages in a claim for compensation.
• Grief and loss of companionship - The unexpected loss of a loved one also leads to mental suffering for the family they leave behind, and survivors are often entitled to compensation for their grief and loss.

Contact an Orland Park, IL Wrongful Death Attorney

If you have lost a loved one in a fatal accident, or due to fatal complications from injuries they suffered as a result of someone else’s negligence, the attorneys at Schwartz Injury Law can represent you throughout the process of your wrongful death claim. For a free consultation, contact our compassionate Cook County personal injury lawyers at 708-888-2160.

Source:

https://ilga.gov/LEGISLATION/ILCS/ilcs3.asp?ActID=2059&ChapterID=57