Wrongful Deaths

When a wrongful death occurs as a result of negligence or other wrongful conduct of an individual or company, the family of the deceased is entitled to full and adequate compensation for the loss of their loved one. Misconduct or negligent action that contributes to a person’s death is classified in legal terms as wrongful death.

Common types of cases include:

• fatal medical mistakes
• construction site accidents
• vehicular homicide
• workplace accidents
• fatal product defects
• fatal prescription errors

Your first step should be to consult with an experienced wrongful death attorney. Generally, lawsuits allowed under survival statutes allow a victim’s survivor to bring a cause of action after the victim dies. Laws in Illinois govern the time frame in which a wrongful death lawsuit may be filed.

Damages

Damages in a wrongful death claim are primarily awarded based on financial loss. These may include medical and funeral expenses. The surviving spouse is also entitled to damages for the loss of the deceased spouse’s companionship.

Pecuniary and punitive damages

Pecuniary damages are those that one may receive in the event that the deceased was providing financial support or service. Punitive damages may be awarded in cases that involved malicious acts or wrongdoing to punish those at fault and as an incentive to encourage others to act more reasonably in similar circumstances in the future.

Future earnings

A victim’s earnings at the time of his or her death may be used to determine future lost earnings based on life expectancy tables, as well as experts who may calculate what is known as present cash value as well as the investment value of money. The deceased person’s will also must be examined.