What Are the Types of Damages Available in a Wrongful Death Lawsuit?

 Posted on June 13, 2023 in Wrongful Death

The loss of a loved one can be a difficult situation to deal with, whether the person lived a full life and passed away at an advanced age or died unexpectedly. However, when a person is killed because of someone else's negligence or wrongful conduct, family members may struggle to address their loss and move forward with their lives. These situations can be especially difficult if the untimely loss of a loved one led to financial problems due to the loss of income the person would have earned, large medical bills for treatment they received prior to their death, or other factors.

Fortunately, Illinois law allows surviving family members to file a wrongful death lawsuit against the party or parties who were responsible for a person's death. This type of lawsuit can help bring some sense of justice and provide compensation for the losses a family has suffered. In these situations, it is essential to understand the types of damages that family members may be able to recover. By working with an experienced attorney, survivors can take steps to ensure that they receive adequate compensation for their losses. The damages that family members may be able to receive include:

Economic Damages

Survivors may receive compensation for the financial losses they have suffered due to their loved one's wrongful death. These damages may help offset some of the costs resulting from the loss. They may include the loss of income and financial support that the deceased person would have provided for their family, the loss of benefits or inheritances, and expenses related to a person's burial or funeral. A jury may consider the deceased person's income, age, occupation, and life expectancy when awarding economic damages.

Non-Economic Damages

Family members may be compensated for the intangible losses they have suffered due to the death of their loved one. These may include the pain, suffering, and emotional distress survivors have experienced. Loss of consortium may also be considered, and this will address the inability to have an ongoing relationship with the deceased, including the loss of love, affection, companionship, and romantic intimacy. Factors considered by a jury when addressing non-economic damages may include the relationships between the deceased and their family members, the emotional impact of the loss, and the surviving family members' ages and circumstances.

Survival Action Damages

A survival action lawsuit allows the deceased's estate to pursue any damages the person would have been able to receive if they had not died. That is, if the person could have pursued a personal injury lawsuit against the person or parties who were responsible for their injuries, their estate may seek compensation for damages such as medical expenses and pain and suffering that occurred before the person's death.

Punitive Damages

These damages are not designed to compensate survivors for their losses but to punish the responsible party for their wrongdoing. They may also serve as a deterrent in preventing others from behaving the same way. Punitive damages may be awarded in cases where the wrongful conduct that led to a person's death was intentional, reckless, or grossly negligent. For example, if a drunk driver caused an accident that resulted in someone's death, punitive damages may be awarded as punishment for actions that the person knew were dangerous and were likely to result in a dangerous accident and serious injuries.

Contact Our Rockford Wrongful Death Lawyers

The death of a loved one can be traumatic and life-changing. If you have lost a loved one due to someone else's wrongful conduct, you can take steps to determine whether you can pursue a wrongful death lawsuit and understand the types of compensation that your family may receive. At Mannarino & Brasfield, A Division of Schwartz Injury Law, our Winnebago County wrongful death attorneys can provide effective and compassionate representation in these situations, and we will fight to make sure your family will be properly compensated so that you can move forward from this traumatic situation. Contact us at 815-215-7561 to schedule a free consultation today.

Sources:

https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2059&ChapterID=57

https://ilga.gov/legislation/ilcs/documents/075500050K27-6.htm