Losing a family member in a car crash, truck accident, or another incident is an unspeakable tragedy. The personal and emotional losses one feels are, of course, the most profound. However, the financial losses of such an incident can also be extensive.
Under Illinois law, surviving family members can seek compensation from a party who negligently caused a loved one’s death. The sections below cover the types of damages available under Illinois wrongful death law.
If you have lost a loved one due to the negligence of another, contact our Geneva wrongful death lawyer to discuss the potential damages that may be available to you. Schedule your free consultation today.
Economic Damages
Economic damages address the measurable financial losses that result from a person’s death. These are the concrete costs and contributions that can be documented and calculated through invoices, receipts, and other financial documents. In wrongful death cases, these losses often represent a significant portion of the total claim.
Common economic damages include:
- Medical expenses incurred between the time of the accident and the victim’s death
- Funeral and burial costs
- Income the deceased would have earned over the remainder of their working life
Likewise, if the deceased performed childcare, home maintenance, or other services, the money needed to pay for those losses is also recoverable.
Non-Economic Damages
Illinois wrongful death law also recognizes that wrongful death causes extreme grief and emotional suffering for surviving family members. Non-economic damages compensate for the deeply personal impact of losing a loved one.
These damages include money for:
- The grief and mental suffering of surviving spouses and next of kin
- Loss of companionship and society
- The loss of guidance and parental support for surviving children
No dollar amount can fully capture the personal losses occasioned by an untimely death, but a wrongful death claim can alleviate the financial burden of such an event and help you gain the space to grieve.
Punitive Damages
In wrongful death cases, punitive damages may be available when a defendant’s conduct was reckless or intentional. These damages do not compensate for losses; they punish the defendant and deter similar conduct in the future.
If a trucking company knowingly kept a driver with a substance abuse history on active routes, ignored documented brake failures, or pressured drivers to violate hours-of-service rules, a court may find that the case warrants punitive damages. These awards are rare.
Contact an Experienced Geneva Wrongful Death Attorney For Help Seeking Damages
It is not uncommon for trucking companies and insurers to blame victims for the crash. Illinois follows a modified comparative fault rule. If your loved one is found partially responsible for the crash, your family’s total recovery will be reduced in proportion to their percentage of blame. If they were mostly to blame, meaning 51% or more, you will not be able to recover any damages.
However, not all allegations of comparative fault are true. An experienced attorney can evaluate whether comparative fault rules apply in your case and protect your right to full compensation. They can also document your losses, gather evidence of negligence, and seek full damages that help you rebuild your life.
Contact Feagans Law Group today for a free consultation with a wrongful death lawyer in Geneva for help understanding your rights and legal options.