The two main parts of an Illinois wrongful death lawsuit are the survival action and the wrongful death action. Each has important differences that can impact the structuring of your Illinois wrongful death lawsuit. Because they determine various claims for damages and settlement provisions, you should be aware of how they function.
A basic understanding of wrongful death and survival action is good to have, but you are not expected to know everything about them. The advice and help of an experienced Chicago wrongful death attorney can benefit your Illinois wrongful death lawsuit.
What is a Survival Action?
The survival action in your Illinois wrongful death lawsuit covers the damages that were suffered by the deceased before death. This includes conscious pain and suffering, disability, lost wages, and related medical expenses. In simple terms, following a severe accident that results in death, the survival action covers the damages incurred during the time spent trying to keep the victim alive.
What is a Wrongful Death Action?
The other part of your Illinois wrongful death lawsuit is the wrongful death action, which covers the damages suffered by the loss of the victim to those left behind. These damages include loss of society, economic support, and grief suffered by the beneficiaries of the deceased. If the fatal accident resulted in immediate death, wrongful death action damages would make up the majority of the Illinois wrongful death lawsuit.
Each type of action considers different types of damages and pays them to different parties. To better understand the differences and how they impact your Illinois wrongful death lawsuit you should speak to a trusted Chicago wrongful death attorney. Continue reading to learn more about these differences.
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