After a fatal accident, Illinois law allows surviving family members to pursue financial compensation through Geneva wrongful death lawsuits in certain situations. However, not everyone connected to the deceased person has the legal authority to file these claims. Illinois has specific rules governing who may initiate a wrongful death lawsuit and who may recover damages.
What is a Wrongful Death Lawsuit?
A wrongful death lawsuit is a civil claim that arises when someone dies because of another party’s negligent or other misconduct.
Under Illinois law, if the deceased person would have had the right to file a personal injury lawsuit had they survived, a wrongful death claim may be available.
Wrongful death claims can result from many types of accidents but most often include:
- Car accidents
- Truck accidents
- Motorcycle crashes
- Medical malpractice
- Workplace accidents
- Defective products
- Dangerous property conditions
Wrongful death claims are separate from any criminal charges that may arise from the same incident. Even when they involve criminal actions like assaults or shooting, these cases are stand-alone civil matters that help compensate surviving families for the losses they’ve experienced after their loved one’s death.
Illinois Rules on Who Can Initiate a Wrongful Death Lawsuit
Under Illinois law, wrongful death lawsuits are generally filed by the personal representative of the deceased person’s estate.
The personal representative is an individual named in the deceased’s will and/or appointed through the probate process. It is often (but not always) a surviving spouse, an adult child, or another family member.
Although the representative formally initiates the legal action, the claim is designed to benefit surviving family members who suffered losses because of the death.
In many cases, damages ultimately pass from the estate to:
- Surviving spouses
- Children
- Next of kin
Illinois courts may consider the relationship between the surviving family members and the deceased person when determining how damages should be distributed.
Damages Available in a Wrongful Death Action in Illinois
Wrongful death claims may allow surviving family members to recover compensation for both the financial losses and personal hardships caused by the death.
Depending on the circumstances, damages in an Illinois wrongful death case may include compensation for:
- Loss of financial support the deceased would likely have provided
- Loss of companionship
- Loss of society and guidance
- Grief, sorrow, and mental suffering experienced by surviving family members
- Funeral and burial expenses
- Loss of parental instruction and care for surviving children
Survivorship actions, which are closely related to wrongful death matters, can provide additional damages for the deceased person’s pre-death losses like medical expenses and pain and suffering.
The amount of compensation available in a wrongful death case often depends on several important factors, including the deceased person’s age and overall health, their earning history, and the relationship between the deceased and their beneficiaries, among other things.
If you have lost a loved one in an accident and are wondering whether you can file a wrongful death lawsuit, contact Feagans Law Group to explore your rights. We offer free consultations.