Distribution of Damages from a Survival Action SettlementBecause the damages claimed from the survival action in an Illinois wrongful death lawsuit are determined by the effects on the now deceased party, they are paid out to the estate of the deceased. The damages now become an asset of the estate and are distributed as is described in the deceased party’s will.
As with any matters regarding the estate of a deceased person, if there is no will present, there is a provision in the Probate Code known as the “statute of interstate decent and distribution” that will take effect. This statute controls what happens to a deceased person’s assets, including the distribution of the damages from the survival action, in the event there is no will.
Distribution of Damages from a Wrongful Death Action Settlement
The wrongful death action portion of the Illinois wrongful death lawsuit provides compensation for the deceased’s next of kin after losing their loved one. Who is considered next of kin is determined by the court and may not always be as obvious as you think.
Under the Illinois Wrongful Death Act, the surviving next of kin is entitled to recover damages for “pecuniary losses” including loss of society, economic support, and grief suffered from the loss. These damages are not considered part of the deceased’s estate and are instead paid directly to the surviving next of kin.
The differences between the survival action and wrongful death action portions of the case can make a significant difference in how the final settlement of your Illinois wrongful death lawsuit is distributed. For better success in structuring your claim and handling the disbursement you should seek the help of a professional Chicago wrongful death attorney,Hiring a Chicago Wrongful Death AttorneyNo two Illinois wrongful death lawsuits are the same and the damages claimed will be different for every case. To get the best assistance in how to file for the appropriate damages and under which type of action, a Chicago wrongful death attorney can provide experienced guidance.
The Chicago wrongful death attorney team at the Law Offices of Barry G. Doyle, P.C. can help you recover from your tragic loss and reestablish some stability in your life. Contact us today for a free case evaluation – 312-263-1080.