Under Illinois law, only the personal representative of the deceased person’s estate can file a wrongful death lawsuit. This individual is sometimes called an “executor” if the person left a will, or an “administrator” if the person died without one. While the personal representative is the one who brings the claim, the lawsuit is filed on behalf of the surviving family members of the person who passed away.
This rule means that family members cannot directly file the lawsuit themselves unless they also happen to be the court-appointed personal representative. However, the compensation awarded through a wrongful death claim is ultimately distributed to the surviving relatives, not to the estate itself. A wrongful death attorney in Chicago can help you navigate these complexities.
What Is the Illinois Wrongful Death Act?
The Illinois Wrongful Death Act (740 ILCS 180) allows certain loved ones to recover damages when a person’s death is caused by another’s wrongful act, neglect, or default. The purpose of this law is twofold: to hold negligent parties accountable and to provide financial support to families affected by the loss.
The right to file begins with the personal representative, who has a legal duty to act in the best interests of the family members who lost a loved one. If there is no will, the court will appoint someone to serve in that role. The personal representative can then pursue compensation through a negotiated settlement or by filing a lawsuit in civil court.
Who Receives Compensation From a Wrongful Death Claim in Illinois?
The proceeds of a wrongful death action go to the deceased’s surviving spouse and next of kin. “Next of kin” usually refers to the closest living relatives, such as children.
The amount each person receives depends on their level of dependence on the deceased and the specific circumstances of the case. Courts consider factors like:
- The closeness of the relationship
- The financial support previously provided by the deceased
- The emotional impact of the loss on each family member
If there is no surviving spouse or children, other relatives may be entitled to compensation instead, like parents.
What Kinds of Damages Can My Family Recover in an Illinois Wrongful Death Case?
Illinois wrongful death claims can include compensation for both financial and emotional losses.
Common examples include:
- Lost financial support and benefits the deceased would have provided
- Funeral and burial expenses
- Loss of companionship, guidance, and emotional support
- Grief and sorrow experienced by surviving family members
Unlike some states, Illinois does not cap the amount of damages that can be awarded in wrongful death cases (with an exception for claims against the government). Broadly speaking, each case is evaluated individually based on the evidence and the extent of the loss in question.
Contact a Trusted Illinois Wrongful Death Lawyer
If you lost a loved one because of someone else’s negligence in Illinois, you may have the right to pursue a wrongful death claim. The personal representative can take legal action on behalf of your family to recover the compensation you need to move forward.
Contact a trusted Chicago personal injury lawyer with Meyers & Flowers today to discuss your case and schedule a free consultation. You can reach us via phone call at (630) 232-6333 or by contacting us online for a free consultation.