After a fatal accident in Illinois, the deceased person’s estate/surviving family members may have two types of civil actions to help recover compensation after the incident. These matters are referred to as wrongful death claims in Geneva and survival actions. These claims are often pursued together in the same case.
The sections below explain the difference between wrongful death and survival claims to help families better understand what compensation may be available after the loss of a loved one.
What is a Wrongful Death Claim and What Causes Them?
Wrongful death claims are intended to compensate surviving family members for the losses they personally suffer because of a family member’s death.
These claims arise under Illinois law when someone dies because of another party’s negligence or wrongful conduct. If the deceased person would have been able to file a personal injury claim had they survived, surviving family members may potentially pursue wrongful death and survival actions after the death occurs.
These claims are often based on negligence and commonly result from:
- Car accidents
- Truck accidents
- Motorcycle collisions
- Medical malpractice
- Workplace accidents
- Defective products
- Dangerous property conditions
In truth, any accident or incident where a person failed to act with reasonable care and fatally wounded another person may qualify for a wrongful death lawsuit.
What Does a Wrongful Death Claim Provide Damages For?
Wrongful death damages focus on the impact the death has had on surviving family members — personally and financially.
These claims are designed to provide compensation for:
- Loss of financial support
- Loss of companionship
- Loss of parental guidance
- Emotional suffering and grief
- Loss of household services
These damages address the family’s losses resulting from the death and not any losses the deceased person or their estate has incurred. These losses are often substantial, especially in cases where the deceased person was the financial provider for the family.
How Does a Survivor Claim Differ?
A survival action focuses on the damages the deceased person personally suffered before death occurred. The survival claim survives the victim’s death and allows the estate to pursue compensation the deceased person could have recovered had they lived.
Survival damages may include:
- Medical expenses incurred before death
- Lost wages before death
- Conscious pain and suffering
- Property damage
For example, if a person survives for several weeks after a catastrophic accident before later passing away, the estate may pursue damages related to the victim’s treatment, pain, and financial losses during that period. That way, surviving families aren’t left with a less valuable estate and potential inheritances merely because someone’s negligence fatally injured their loved one.
An Experienced Geneva Wrongful Death Lawyer Can Help You Determine Your Legal Rights
Determining whether you have a wrongful death claim, survival actions, or both depends on the facts surrounding the incident and the losses involved. An experienced Illinois wrongful death lawyer can help you identify all available legal claims.
Your wrongful death attorney in Geneva, IL can also investigate the incident and gather the evidence you need to prove your case. Contact Feagans Law Group for a free consultation.