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Wrongful Death and Survival Claims Part 1

Today we’ll talk about the subject of wrongful death claims or wrongful death lawsuits, we’ll talk about the very basics of a subject that ends up being pretty complicated in the end. When somebody is injured as a result of the negligence of another person, or company, and then unfortunately dies as a result of their injures, there are two claims that typically brought, one is called a survival claim, the other is called a wrongful death.

The survival claim is, the personal injury claim that the person has for the time they are injured and before their death, whereas the wrongful death claim is a cause of action, created by Illinois statue, that is in the favor of family members to recover as a result of their loved one’s tragic death. Who can bring each of these types of claims? The survival claim is a claim of the estate of the descendant so it would be the executer of the estate or some other representative who is appointed by the probate court. Whereas the wrongful death claim can be brought by any of the heirs, which are basically close family members, of the deceased person.

What type of damages can be recovered in each of these claims? In a survival claim, personal injury type of damages, the medical expenses that were incurred by the person before their death, possibly lost wages, pain and suffering, those types of damages. Whereas in a wrongful death claim, is specifically created by Illinois statute and the wrongful death act, specifically sets forth the type of damages that can be recovered by the family, loss of support, loss of society and grief. Stay safe and be well.

R.F. Wittmeyer

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