One of the worst claims that nobody ever wants to file is a claim for wrongful death. Wrongful death claims are not just painful, but they are also complicated. Not only might a plaintiff claim damages related to their own losses, but they might also file a survival claim to claim damages experienced by the deceased person before they passed away.
How much a wrongful death case is worth depends on numerous factors that are unique in each case. Even so, many wrongful death claims are worth substantial compensation. The loss of a loved one is arguably one of the most severe claims a person might file in court, and juries are often inclined to award big damages. However, there are some limitations. Illinois does not cap its damages by law, but punitive damages are unavailable in cases related to medical malpractice. If your loved one passed away because of a doctor’s negligence, punitive damages are off the table.
To figure out what your claims are worth, call our Chicago wrongful death lawyers at the Rhatigan Law Offices at (312) 578-8502 and ask about a free case review.
What Your Damages in an Illinois Wrongful Death Case Might Be Worth
According to 740 I.L.C.S. § 180/1, a wrongful death claim may warrant substantial compensatory and punitive damages. However, punitive damages are unavailable if the wrongful death claims are connected to medical malpractice claims. Even so, damages in these kinds of cases tend to warrant significant compensation, and you should speak to your attorney about your claims as soon as possible.
Compensatory Damages
Compensatory damages are awarded to make up for the things that the plaintiff lost and the painful experiences they endured. The idea behind these damages is to return the plaintiff to the financial position they enjoyed before their injuries.
Economic damages are one component of compensatory damages, and they represent the actual financial costs of your loved one’s passing. You may claim the costs of a funeral and burial, lost financial support from your loved one, loss of consortium, companionship, and support. You might also file a survival action for damages incurred by your loved one before they passed away. For example, if your loved one was injured in an accident before they passed away, they might have incurred medical bills that need to be paid. Hold onto receipts and records of your costs and review them with our Illinois wrongful death attorneys.
Non-economic damages are not based on money, and many have no financial costs. However, they can still be compensated. You may claim physical pain, emotional trauma or distress, psychological damage, and more as part of your non-economic damages. These damages are often significant in wrongful death cases where family members are deeply distressed and upset over the loss of a loved one.
Punitive Damages
According to 735 I.L.C.S. § 5/2-1115, punitive damages are unavailable in medical or legal malpractice cases. If your loved one passed away because of medical negligence committed by a doctor, your damages may not include punitive damages.
In other cases not involving medical negligence, plaintiffs may claim punitive damages. For example, if your loved one passes away because of a car accident, you may sue the other driver for compensatory and punitive damages. However, if your loved one passes away because of a surgery gone wrong, you may only claim compensatory damages.
Under § 5/2-1115.05(b), punitive damages may be awarded only if the plaintiff proves by “clear and convincing evidence” that the defendant caused the wrongful death by acting with an evil motive or with such reckless indifference to a highly unreasonable risk of harm with a conscious indifference to the safety of other people.
Limits on Damages in Wrongful Death Cases in Illinois
In the past, the state capped non-economic and punitive damages at a certain limit. In 2005, the state government passed laws limiting the value of certain non-economic and punitive damages in medical malpractice cases. The new laws quickly attracted attention and controversy in the legal field. In 2010, the Illinois Supreme Court struck down these statutory caps as unconstitutional. This means that, as of 2024, there are no statutory caps on damages in Illinois, including those for wrongful death and medical malpractice.
Even so, damages are not unlimited. Economic damages can be as high as necessary but must reflect real costs. If you lost $50,000 because of the wrongful death of a loved one, you may claim $50,000 and no more as economic damages. You cannot claim more if you do not lose more.
Non-economic damages are a little trickier because they are subjective and open to interpretation. As such, the value of these damages may fluctuate from case to case, but they should be proportional to the magnitude of the overall case. Serious pain and suffering warrant more significant non-economic damages. The same goes for punitive damages. Even though they are not capped by law, they must be proportional to the case and the defendant’s behavior. Damages awards that are deemed excessive may be reduced by the judge.
How Damages May Be Distributed in Illinois Wrongful Death Cases
How a final damages award is distributed among the deceased person’s family members in a wrongful death case may vary from case to case. Damages are not all the same, and the court must determine who gets what and why.
According to 740 I.L.C.S. § 180/2(b), damages recovered in wrongful death cases are distributed by the court to surviving spouses and next of kin in a proportion determined by the court. This proportion may be based on the dependency of each person upon the deceased person. Those who depended more on the deceased person (e.g., spouses and children) may receive the largest shares of the damages award. Courts may express this dependency as a percentage. For example, your dependency on a deceased spouse might be 75%, and other family members might make up the remaining 25%. In that case, you would receive 75% of the damages awarded in a wrongful death case.
Reach Out to Our Illinois Wrongful Death Lawyers Now
To determine your claim’s worth, call our Joliet, IL wrongful death lawyers at the Rhatigan Law Offices at (312) 578-8502 and ask about a free case review.
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