Wrongful death cases are perhaps some of the most difficult to navigate. Not only are they often worth substantial compensation, but they tend to be highly emotionally charged. Death often comes with certain expenses, but these are amplified when the death is considered somehow wrongful. Your attorney can assess what damages might be available in your specific case.
Most claims for wrongful death involve some extent of economic damages for things like funeral and burial expenses, the loss of the deceased person’s income and financial support, and various other costs that family members may incur. Non-economic damages also tend to be significant, and plaintiffs may claim sorrow, mental suffering, grief, and other emotional or psychological injuries. In less typical cases, plaintiffs may claim punitive damages, but only if they can establish that the defendant’s actions were especially egregious and beyond mere ordinary negligence. However, punitive damages may not be available in wrongful death cases involving medical malpractice. Additionally, damages in Illinois are not capped by statute, but they should be proportional to the case.
For a confidential review of your case for free, call the Rhatigan Law Offices at (312) 578-8502 and speak to our Chicago wrongful death lawyers.
Economic Damages Available in Illinois Wrongful Death Cases
Economic damages revolve around money. Specifically, your economic damages are related to how the wrongful death of your loved one caused you and your family financial strain. Under almost any circumstances, wrongful or not, death can be costly. Families are not always financially equipped to deal with the sudden loss of a family member, and their damages may be substantial.
First, we should account for the costs of a funeral and burial. While families and grieving communities rely on funerals, burials, and memorial services to properly mourn their loved ones and find closure, they can be expensive. A casket for a burial may cost thousands of dollars, and many families cannot cope with this sudden and unexpected cost. If you are filing a wrongful death claim, keep thorough records of all the costs related to funeral services and the burial of your loved one.
Our Illinois personal injury lawyers will also account for the loss of any financial support your loved one might have provided before their passing. For example, spouses often rely on each other’s income to build their lives together. If one spouse suddenly passes away under wrongful circumstances, the other spouse’s household income is suddenly cut in half. Worse still, the deceased spouse might have been the primary income earner, leaving the surviving spouse with a serious financial burden. We can help you claim the loss of your loved one’s income and financial support.
Financial losses are not always measured in money. Perhaps your lost loved one provided other services that would be expensive to replace. For example, if your loved one was also your primary caregiver, you must not suddenly pay for private nursing or caregiving services, which are quite costly. Those costs should be accounted for in your claim for damages.
Non-Economic Damages You May Recover in an Illinois Wrongful Death Case
Non-economic damages are often harder to decipher because they are highly subjective and unique to each plaintiff. They revolve around mental and psychological suffering and distress rather than money and financial expenses. Even so, these damages may be financially compensated, and your potential compensation may be significant.
According to 740 I.L.C.S § 10822(a), the jury in a wrongful death case may award damages they see fit, including non-economic damages for sorrow, grief, and mental suffering. Again, non-economic damages are highly subjective and often very personal. How one plaintiff grieves the loss of a loved one may be different than how someone else might do the same. If the sudden loss of your loved one takes a significant toll on your mental and emotional well-being, talk to your lawyer about how to claim non-economic damages.
Are Punitive Damages Available in Illinois Wrongful Death Cases?
In less common cases, punitive damages may be awarded. These damages are meant to serve as a punishment for defendants whose behavior is particularly shocking or outrageous. In some cases, punitive damages awards are very high. However, plaintiffs do not have a right to punitive damages, and they are not always awarded.
Under 735 I.L.C.S. § 5/2-1115.05(b), a plaintiff must prove by clear and convincing evidence that the defendant’s actions involved an evil motive or that they acted with an outrageous and reckless indifference to the rights and safety of others in the face of a highly unreasonable risk. This is a high bar to meet, and proving claims for punitive damages is often difficult.
Punitive damages are usually unavailable if a wrongful death claim is related to medical malpractice. According to § 5/2-1115, plaintiffs may not recover punitive damages in medical and legal malpractice cases. This is a hard rule with no exceptions mentioned in the statute. If your loved one passed away because of the wrongful or negligent actions of a doctor, you likely cannot claim punitive damages.
Limitations and Caps on Damages in Wrongful Death Cases in Illinois
In Illinois, there are no statutory caps on damages in any civil cases. In the past, lawmakers enacted statutory caps on certain kinds of damages. However, these caps were found to be unconstitutional shortly after.
In 2005, Illinois passed laws limiting damages in medical malpractice cases, including wrongful death cases. In 2010, these laws were challenged, and the Illinois Supreme Court struck down the caps because the limit was deemed arbitrary and an infringement upon the jury’s power to ultimately decide what damages are appropriate.
While there are no caps on economic, non-economic, or punitive damages in wrongful death cases, damages are not entirely unlimited. As with any case, a damages award must be proportional to the facts of the case. If jurors award an overly excessive award, the defendant may challenge it and ask the judge to reduce it.
Contact Our Illinois Wrongful Death Lawyers for Legal Help Now
For a confidential review of your case for free, call the Rhatigan Law Offices at (312) 578-8502 and speak to our Aurora, IL wrongful death lawyers.
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