Wrongful Death Damages

Top-Rated Attorneys Maximizing Compensation for Families Who Lost a Loved One in an Accident

At John J. Malm & Associates, we understand that nothing can truly replace the life of a loved one. But when a wrongful death occurs due to someone else’s negligence, whether in a car crash, truck accident, nursing home, hospital, or unsafe property, the law provides a path for families to seek justice and accountability. Our experienced Illinois wrongful death attorneys are committed to helping families navigate the emotional and legal challenges they face. We fight for the full compensation our clients deserve and ensure their loved one’s memory is honored through meaningful legal action.

What Is a Wrongful Death Under Illinois Law?

In Illinois, a wrongful death occurs when a person dies due to the wrongful act, neglect, or default of another. This is governed by the Illinois Wrongful Death Act (740 ILCS 180/), which allows the deceased person’s surviving family members to bring a claim against the at-fault party.

Common causes of wrongful death in Illinois include:

• Car, truck, and motorcycle accidents
• Medical malpractice
• Nursing home abuse and neglect
• Construction and workplace accidents
• Defective products
• Premises liability (e.g., falls, fires, drowning)

Who Can Ask for Wrongful Death Damages in Illinois?

Under Illinois law, a personal representative (usually the executor or administrator of the estate) must bring the wrongful death lawsuit on behalf of the surviving spouse and next of kin. These can include:

• Spouse
• Children (including adult children)
• Parents (in the case of a deceased child)
• Siblings (in certain circumstances)

Only one wrongful death lawsuit can be filed, even if there are multiple surviving family members. Any damages recovered will be distributed among the next of kin as directed by the court.

Types of Wrongful Death Damages Available in Illinois

Illinois recognizes two main categories of damages in wrongful death cases:

1. Wrongful Death Damages (for Family Losses)

These damages are intended to compensate the surviving family for the losses they have suffered due to the death. This includes:

• Loss of companionship and society
• Grief, sorrow, and mental suffering
• Loss of financial support
• Loss of consortium (for spouses)

The jury in a wrongful death case may consider the nature of the relationship between the deceased and the survivors and how the loss affects their emotional and financial wellbeing.

2. Survival Act Damages (for the Decedent’s Losses)

In addition to wrongful death damages, the Illinois Survival Act (755 ILCS 5/27-6) allows recovery for harms suffered by the deceased before death. These may include:

• Medical bills
• Lost wages from the time of injury until death
• Conscious pain and suffering
• Property damage

These damages are paid to the decedent’s estate and then distributed according to their will or intestacy laws.

Statutory Caps on Wrongful Death Damages in Illinois

As of July 1, 2023, Public Act 103-0036 removed certain statutory caps on non-economic damages in medical malpractice wrongful death cases. This means that juries may now award damages for grief, loss of companionship, and mental suffering without being limited by artificial caps, restoring fairness to families impacted by devastating medical errors.

However, in non-medical wrongful death cases, Illinois has historically had no caps on damages, meaning juries can award substantial compensation based on the evidence presented.

Factors That Affect Wrongful Death Damages

The amount of compensation awarded in a wrongful death claim can vary significantly depending on several factors, including:

• Age and health of the decedent
• Earning capacity and income level
• Number of dependents and their needs
• Medical and funeral expenses
• Strength of the evidence proving liability
• Venue (jury verdicts differ by county)

Courts often consider life expectancy tables, actuarial evidence, and economic expert testimony when calculating damages.

Real Case: $300,000 Wrongful Death Settlement

We recently secured a $300,000 settlement for the family of a young man who died after being struck by a motor vehicle while changing his tire. Our legal team was able to demonstrate that the driver’s negligence directly caused the fatal injuries, and we recovered damages on behalf of the decedent’s family members for their emotional and financial losses. You can read more about this case on our Recent Verdicts & Settlements page.

Frequently Asked Questions About Illinois Wrongful Death Damages

Q: How is the settlement divided among surviving family members?

The court determines how the wrongful death settlement is divided, based on the relationship of the survivors to the deceased and their degree of dependency.

Q: Can siblings or cousins recover compensation in a wrongful death case?

Only immediate family members (spouse, children, parents) are automatically considered next of kin. Siblings or more distant relatives may recover in some cases, but they must show a legal interest or dependency.

Q: Do wrongful death damages get taxed?

Generally, damages awarded for wrongful death (especially for personal injury or emotional harm) are not subject to income tax. However, portions related to lost wages or interest may be taxable.

Q: What if the deceased was partially at fault?

Illinois follows a modified comparative fault rule. As long as the decedent was less than 50% at fault, the family can still recover damages, though the award will be reduced by the decedent’s percentage of fault.

Contact the Award-Winning Illinois Wrongful Death Lawyers at John J. Malm & Associates

If your family is grieving the wrongful death of a loved one, you do not have to face this difficult journey alone. At John J. Malm & Associates, we are here to help you understand your legal rights, protect your interests, and hold the responsible parties accountable. Our compassionate Illinois wrongful death lawyers will work tirelessly to recover the compensation you deserve while treating you with the care and respect your family deserves.

Ready to Speak with an Experienced Illinois Wrongful Death Firm?

If your family has suffered the death of a loved one due to someone else’s negligence, whether in a car collision, workplace incident, medical error, or premises liability, timely action is essential.

Our team is ready to guide you through:

• Evaluating your legal options
• Accurately valuing economic, consortium, and emotional damages
• Handling legal filings, evidence collection, and negotiations
• Pursuing trial when necessary to secure full and fair justice

Contact us today for a free, confidential consultation regarding your wrongful death claim. Don’t wait, Illinois law imposes strict deadlines, and the most accurate valuation requires prompt attention. Let us help you seek accountability, closure, and justice.