Wrongful Death

When a person's death is caused by another person's negligence or fault, the law allows the family members or beneficiaries of the deceased to file a "wrongful death" suit. Examples of wrongful death would include deaths caused by another person's drunk driving, by the use of a defective or otherwise dangerous product, by the failure of a structure that was not soundly built, or by a doctor's failure to diagnose and properly treat a disease.

Family members may request monetary compensation to replace the wages that the deceased person would have earned, as well as recovery for:

  • Expenses associated with the death (such as medical and funeral costs)
  • Benefits that the survivors lost (such as insurance)
  • The pain, suffering, or mental anguish suffered by the survivors
  • Loss of companionship, care, or protection.

In addition, the beneficiaries of the deceased may sue to recover any inheritance that they may have lost due to the person's wrongful death.

Survivors may also seek punitive damages - i.e. an additional amount of money that the party at fault would be ordered to pay, in order to punish a wrongdoer and encourage safe behavior by others.

However, some people and agencies may be immune from wrongful death suits. Moreover, in cases that do go forward, the process of assigning an appropriate monetary value to some of the damages (especially such intangibles as pain and suffering or loss of companionship) may be quite complex.

If you have suffered as a result of the death of a relative, believe that another person or a product was responsible for that death, and would like to pursue compensation for the various types of harm caused to you by that death, please contact us for a free consultation regarding your rights. Our experienced attorneys practice in the greater Chicago area, in northwestern Indiana, as well as in Michigan.



Illinois Injury Law Blog - Wrongful Death