Who Can File a Wrongful Death Claim?
In the state of Illinois, a wrongful death lawsuit can be brought “by and in the names of the personal representatives” of the deceased. The person bringing the suit may be identified as the holder of the deceased’s estate in a will or even appointed by the court, but this person is not necessarily the one who will receive compensation in the lawsuit.
According to the Illinois Wrongful Death Act, monies received through legal action, no matter who brings such action, are for the “exclusive benefit of the surviving spouse and next of kin.” This often includes children, but may also include siblings, parents, and even grandparents.
The best way to determine if you are entitled to file a wrongful death lawsuit is with the help of an experienced attorney. Please call the Chicago wrongful death lawyers at Harvey L. Walner & Associates at 312-800-0000 to schedule your free, one-on-one consultation today.
Damages in a Wrongful Death Lawsuit
The damages sought in a wrongful death lawsuit will be dependent on the role the deceased played in the family. Typically, damages sought will include:
- End of life and funeral expenses
- Projected future wages
- Projected future financial contributions to things such as mortgage and tuition
- Projected retirement and/or 401(k) income
- Future insurance costs
- Loss of companionship or society
- Emotional duress
It is, of course, impossible to place a price on the value of your loved one’s life. However, financial concerns can be taken care of to help guard the future security of your family. In addition, emotional damages caused by your loss can, in many cases, increase your settlement amount. Our wrongful death attorneys will do everything possible and take your case as far as necessary to see that you are awarded every penny you are due.
If you have lost a loved one in an accident, please contact Harvey L. Walner & Associates today to schedule a free consultation with an experienced Chicago wrongful death attorney.