Loss of Society Claims in Illinois Wrongful Death Cases

Trusted Attorneys for Families of Wrongful Death Victims in Illinois

When a loved one is wrongfully killed in Illinois, the law allows surviving family members to pursue damages for the full range of harms they suffer. One of the most important (and most misunderstood) parts of a wrongful death claim is loss of society, compensation for the love, companionship, guidance, and affection no longer available because of the death.

At John J. Malm & Associates, we understand that wrongful death cases are about far more than financial compensation, they are about families, memories, and the deep personal connections that are lost when a loved one is taken too soon. For decades, our Illinois wrongful death attorneys have fought for families across the state, helping them recover not just for tangible losses like medical bills or lost income, but also for the profound, irreplaceable loss of love, companionship, and guidance.

What “Loss of Society” Means in Illinois

“Loss of society” compensates the surviving spouse and next of kin for the destruction of a family relationship: the companionship, guidance, attention, and affection the decedent would have provided had they lived. In Illinois, wrongful death recoveries are “for the exclusive benefit of the surviving spouse and next of kin,” and juries award an amount that is “fair and just” for their pecuniary injuries, a term that the Illinois Supreme Court has long interpreted to include loss of society.

Illinois pattern jury instructions define loss of society and explain how jurors should evaluate it. They emphasize that the right to recover does not depend on whether there was actual past exchange of society, but on whether society would have been exchanged but for the defendant’s conduct.

Who Can Recover for Loss of Society (and How Shares Are Decided)

Under the Wrongful Death Act, the claim is brought by the personal representative of the decedent’s estate, but it is for the benefit of the surviving spouse and next of kin (children, parents, or other closest relatives, depending on the family tree). The court then allocates the award based on dependency, not automatically in equal shares.

Key points:

• Spouse: May recover for loss of society/consortium.
• Parents of a minor child: Benefit from a presumption of pecuniary injury in the loss of society.
• Parents of an adult unmarried child: Presumption extended by case law (fact-specific).
• Siblings: No presumption; loss of society must be proven with evidence.

How Juries Evaluate Loss of Society

Illinois juries are instructed to weigh the quality and characteristics of the relationship when assessing loss of society. Relevant factors can include the decedent’s:

• Habitual attention, care, and companionship provided to the survivor;
• Guidance, instruction, and moral support (especially to children);
• Living arrangements and frequency of contact;
• Family roles (e.g., caregiver, mentor, co-parent) and future expectations.

Critically, Illinois law recognizes that relationships can be rich and meaningful even without financial exchange, and that future companionship matters (not just past interactions).

Evidence That Proves (or Rebuts) Loss of Society

Because “society” is intangible, credible storytelling and documentation are vital. Persuasive proof of loss of society often includes:

• Testimony from the spouse, children, parents, and close friends describing the daily ways the decedent enriched family life;
• Photos, messages, and videos demonstrating traditions, milestones, and ongoing involvement;
• School, coaching, or community records showing mentoring and support;
• Caregiving logs or calendars (e.g., for an elderly parent or a child with special needs);
• Plans and commitments (vacations, caregiving arrangements, promised support) showing the likely future exchange of society.

Defendants may rebut a presumption (for parents) or generally challenge loss-of-society claims with evidence of estrangement, limited contact, or other facts suggesting a weaker relationship.

How Loss of Society Differs from Other Wrongful Death Damages

• Loss of society vs. loss of consortium: “Consortium” typically refers to a spouse’s loss of the marital relationship, including companionship and intimacy. “Society” is broader and compensates all qualifying next of kin, not just spouses. Both are treated as pecuniary injuries in Illinois wrongful death law.
• Loss of society vs. grief/sorrow: Since 2007, Illinois expressly allows recovery for grief, sorrow, and mental suffering of the survivors, separate from loss of society. Both categories can be awarded in the same case.
• Loss of society vs. economic damages: Economic damages (lost income, benefits, services) can be proven with financial records and expert analysis; society addresses intangible relational loss. Both are part of the Act’s “pecuniary injuries.”

Practical Tips for Building a Strong Loss-of-Society Claim

• Start documenting early: Preserve photos, messages, calendars, and videos that show the decedent’s role in the family.
• Tell the complete story: Identify the small, everyday ways your loved one showed up—bedtime routines, school pickups, holiday traditions, weekend projects.
• Use corroborating witnesses: Teachers, coaches, clergy, neighbors, and co-workers can often confirm the depth of the relationship.
• Anticipate defenses: If there were periods of distance (e.g., military deployment, travel-heavy job, illness), be ready to explain context and how closeness was maintained.
• Highlight the future: Courts focus on the society that would have been exchanged had the death not occurred. Calendars, tickets, and plans make this concrete.

Frequently Asked Questions About Loss of Society Wrongful Death Claims

Q: Who exactly qualifies as “next of kin” for loss-of-society damages?
A: “Next of kin” are the decedent’s closest surviving relatives (commonly children or parents, depending on the situation). The court later allocates the recovery based on dependency, not necessarily in equal shares.

Q: Do I have to show financial dependence to recover loss of society?
A: No. Loss of society is about companionship and guidance, not economic support. That said, the degree of dependency affects allocation of the total recovery among beneficiaries.

Q: Is there a presumption that I suffered loss of society?
A: Illinois recognizes a rebuttable presumption for parents of a minor child, and case law extends it in some circumstances to parents of an adult unmarried child. There is no such presumption for siblings, who can still recover with proof.

Q: How is loss of society different from grief damages?
A: Loss of society compensates for the relationship you lost (companionship, guidance, affection). Grief/sorrow compensates your emotional pain. Illinois law allows both.

Q: What kind of evidence best demonstrates loss of society?
A: First-hand testimony from family and close friends, coupled with contemporaneous records (photos, videos, messages, calendars), school/community records, and plans that show ongoing and future involvement.

Q: Is there a cap on loss-of-society damages?
A: No general cap exists in Illinois wrongful death cases. The jury decides a “fair and just” amount under the statute and jury instructions.

Q: What if the family relationship was complicated?
A: Juries consider the real facts of the relationship, both strengths and weaknesses. A presumption (for parents) can be rebutted with evidence of estrangement, but many imperfect relationships still have substantial society/companionship.

Contact the Compassionate Illinois Wrongful Death Lawyers at John J. Malm & Associates

Loss of society claims in Illinois acknowledge that what families lose in a wrongful death is immeasurable. Our courts recognize that these losses, companionship, guidance, and affection, are just as real as financial losses and deserve compensation. Through thoughtful preparation, credible evidence, and compassionate advocacy, families can ensure that their loved one’s story is heard and honored in the legal system.

At John J. Malm & Associates, we are dedicated to standing beside families during the most difficult times. Our team of top-rated Illinois fatal accident attorneys will carefully evaluate your claim, gather the necessary evidence, and fight to secure the full recovery you are entitled to under Illinois law. If you have lost a loved one due to negligence or wrongful conduct, do not wait to seek help.

Call our office today for a free consultation. Let us guide you through your wrongful death claim, explain how loss of society damages may apply in your case, and fight to protect your family’s future.