The main differences between wrongful death and survival actions lie in what damages are covered and what forms the basis of the claim. A wrongful death claim compensates surviving family members for their own losses (such as loss of financial support and companionship) after a loved one’s death. A survival action, on the other hand, allows the deceased person’s estate to recover damages the person could have claimed if they had survived, such as medical expenses and their pain and suffering before their death. To better understand these complexities, please consult an experienced wrongful death attorney in Chicago.
Both types of claims often arise from the same incident, like a fatal car accident or medical malpractice incident. However, they serve distinct legal purposes and are governed by separate Illinois statutes.
Wrongful Death Claims in Illinois
Illinois’s Wrongful Death Act allows surviving family members to recover compensation when their loved one’s death results from another party’s wrongful act or negligence. The claim is filed by the personal representative of the deceased person’s estate, but is meant to benefit the surviving relatives directly.
Damages in a wrongful death claim typically include:
- Lost income and financial support the deceased would have provided
- Loss of companionship, guidance, and affection
- Emotional grief and sorrow of surviving family members
These damages are designed to address the emotional and financial hardship the family suffers after losing a loved one.
Illinois Survival Actions
Survival actions are governed by the Illinois Survival Act. This law allows the deceased person’s legal claim to “survive” their death and continue through their estate. In other words, it gives the estate the right to pursue damages that the individual could have recovered if they were still alive.
Common examples of economic and non-economic damages available through a survival action include:
- Medical expenses incurred between the injury and death
- Lost wages during that same period
- Pain and suffering experienced before death
- Property damage
The financial recovery from a survival action generally becomes part of the deceased’s estate and is distributed according to their will or through state intestate succession laws if no will exists.
Why Both Claims May Be Filed Together
In many cases, a personal representative files both a wrongful death claim and a survival action at the same time. This approach ensures that all potential damages are addressed, both those suffered by the deceased person before death and those endured by their family after.
For example, if a person survives a truck accident for several weeks before passing away, the estate could recover compensation for their medical bills and suffering through a survival action, while their family could pursue wrongful death damages for their own losses. Make sure to speak with a Chicago truck accident lawyer if this is the case.
Contact an Experienced Illinois Wrongful Death Lawyer With Meyers & Flowers
Wrongful death and survival actions are among the most complex in personal injury law, but they play a vital role in helping families obtain justice after a preventable death. Hiring a qualified, compassionate Chicago injury attorney may be necessary to help you recover all that you’re entitled to.
Contact Meyers & Flowers today at (630) 232-6333 or by reaching out online for a free consultation. We’ll do everything in our power to help you make it through this difficult time and maximize your compensation.