When a family member is killed in any kind of accident there is a potential for a wrongful death case. The liability of the person responsible for the death is determined by the law for that type of case, such as for car accidents, truck accidents, premises liability cases, F.E.L.A. cases, construction accidents, medical malpractice cases, products liability cases, and dog bite cases.

Components of a wrongful death case

There are two parts to a wrongful death case:

• The survival action - for the conscious pain and suffering and other damages the deceased person suffered before his or her death.
• The wrongful death case - this is brought by the surviving family members seeking compensation for their losses.

The Illinois Wrongful Death Act

This law provides that the next of kin are permitted to receive compensation for pecuniary injuries resulting from the death of their family member.

The term pecuniary injuries refers to:

• The economic support that the next of kin would have received during the lifetime of the deceased.
• The loss of society of the person who was killed. This means the loss of the family relationship.

Who files the wrongful death lawsuit?

Only one person is permitted to control the wrongful death claim. If the deceased had a will, the executor of the estate would control the wrongful death suit. The executor has a legal obligation to protect all beneficiaries of the estate, and this means he or she has the duty to file a wrongful death suit if the facts warrant doing so.

If the deceased had no will, a family member must be appointed as special administrator of the estate. The special administrator, like the executor, has an obligation to protect the interests of all the beneficiaries of the estate.

Damages recoverable

The total amount of damages recoverable include:

• Pain and suffering
• Medical expenses
• Lost wages sustained prior to death
• Loss of economic support
• Loss of society sustained by the next of kin

The total dollar figure will vary from case to case, but the standard jury instructions given in every wrongful death case state that the law presumes the amount of damages sustained is substantial.

Medical witnesses

Our experience in handling wrongful death cases allows us to identify key witnesses who can establish pain and suffering prior to death. These are often medical personnel whose names appear in medical records only as a scrawled notation or an initial. Witnesses who can testify as to the final moments before death are often powerful witnesses.

Showing the family's loss

Our experience also allows us to explore the full extent of the economic losses a family sustains as a result of the death of a parent, spouse, child, or sibling. At trial, we show the jury how important the lost family member was through photos, videos, and stories. These show the value of each of us to our families.

Statute of limitations

The statute of limitations in Illinois for wrongful death cases is determined by the statute of limitations for the underlying case (medical malpractice, product liability, etc.).

Therefore, for most cases, it is two years, but only one year for cases involving municipalities and other local governmental units. Careful investigation is often required to ensure a full recovery, so when you suspect that there is a basis for a wrongful death lawsuit, you should act as quickly as possible.

Click here for Frequently Asked Wrongful Death Questions

If you have lost a loved one because of somebody's negligence, you may be entitled to compensation. Contact Chicago wrongful death lawyer Barry Doyle for your free legal consultation. No recovery, no fee.

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