Who gets the money from a wrongful death lawsuit? The funds from a wrongful death lawsuit are typically awarded to the deceased person’s next of kin. Determining who receives the wrongful death compensation depends on various factors, including the deceased’s marital status and the surviving beneficiaries. A wrongful death claim aims to compensate the family for their losses following the death of a loved one.
If your loved one’s death was caused by the negligent actions of another party, contact Chute, O’Malley, Knobloch, and Turcy, LLC at (312) 775-0042. Our team will assist you in seeking compensation for your losses via a wrongful death claim.
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What Is a Wrongful Death Claim?
A wrongful death claim may be initiated when a family member dies because of someone else’s negligence, recklessness, or intentional actions. This claim is filed by a personal representative of the deceased’s estate. The purpose of these claims is to obtain compensation for the losses experienced by the survivors, which can include lost income, loss of companionship, and funeral costs. In 2022, Illinois was ranked 6th among states with the highest number of wrongful death cases, reporting 7.2 cases per 100,000 residents.
Elements of a Wrongful Death Claim
To succeed in a wrongful death lawsuit, you must establish specific elements. Essentially, you need to demonstrate that the defendant acted negligently, and that this negligence led to the death in question.
The components you need to prove in a wrongful death case are:
Duty of Care
To establish that the defendant had a duty of care toward the deceased, you need to demonstrate this differently based on the specific circumstances. For example, in cases involving fatalities from car accidents, it’s necessary to prove that the defendant was required to follow traffic regulations to protect the safety of others in their vicinity.
Breach of Duty of Care
Once you’ve established a duty of care, you must demonstrate that the defendant violated this duty toward the deceased. For instance, in a car accident scenario, you must prove that the defendant did not adhere to the relevant traffic regulations.
Causation
It is insufficient to demonstrate that the defendant violated a law or failed in their duty of care. You also need to establish a direct link between the defendant’s actions and the wrongful death in question. For example, in the case of a car accident, even if you can prove that the defendant ran a red light while under the influence, they may not be held responsible for the death if it resulted from an unrelated factor, like a mechanical failure in your vehicle.
Damages
You are likely to experience some type of loss due to the passing of your loved one. This loss may include economic damages, which have an assigned financial value, and non-economic damages, such as the loss of companionship, emotional distress, or feelings of grief and sorrow.
Damages Available in a Wrongful Death Lawsuit
When seeking compensation for wrongful death, two main categories of damages can be claimed: economic and non-economic.
Economic
Economic damages refer to financial losses that arise from the death of a loved one and can be quantified in monetary terms. They usually encompass:
- Medical expenses associated with the fatal injury, illness, or accident, including costs for treatment and hospitalization.
- Funeral and burial costs.
- Compensation for lost wages or the prospective future earnings of the deceased.
- Loss of benefits that the deceased would have contributed to the family, such as insurance, pensions, retirement savings, and shares in family businesses.
- Loss of inheritance.
- An estimate of the value of household tasks that the deceased would have carried out, including cleaning and maintenance duties.
Non-Economic
Non-economic damages pertain to claims from family members for non-monetary losses. A spouse may seek compensation for the loss of companionship and household support, while children might claim damages for the loss of guidance and nurturing. Families can also seek compensation for emotional and mental suffering.
Who Can File Wrongful Death Claims
In Illinois, filing a wrongful death claim must be done by the personal representative or executor of the deceased’s estate. The court can appoint one if no representative is designated in a will or estate plan. While family members often fill this role, friends, accountants, or attorneys may also be personal representatives tasked with filing claims and managing estate matters.
Who Can Be Considered Primary Beneficiaries?
Under Illinois law, even though the estate is responsible for filing a wrongful death lawsuit, the damages awarded do not go to the estate itself. The compensation from wrongful death claims is intended solely for the benefit of the surviving spouse and the next of kin of the deceased. “Next of kin” refers to the deceased’s closest living relatives.
You can think of next of kin in tiers. The first tier includes the spouse and children. If the deceased had no spouse or children, the next in line would be grandchildren. In the absence of grandchildren, the compensation then goes to the next tier, which includes parents, brothers, and sisters. If there are no surviving spouses, children, parents, or siblings, the compensation can be allocated to other relatives as specified by law. Once a relative is identified as “next of kin,” those in the subsequent tier lose any right to recover damages, regardless of their losses.
Moreover, Illinois law treats half-blood and full-blood relatives equally, as well as adoptive parents and children.
Distribution of Compensation in a Wrongful Death Claim
In wrongful death settlements, distributing wrongful death settlements varies based on the circumstances of the claim. When it comes to a wrongful death claim, the allocation of settlement or judgment money is determined by a judge, who conducts a hearing to assess how much each eligible family member will receive.
The law specifies:
“The amount recovered in any such action shall be distributed … in the proportion, as determined by the court, that the percentage of dependency of each such person upon the deceased person bears to the sum of the percentages of dependency of all such persons upon the deceased person.”
The court evaluates the financial dependence of each family member on the deceased and aims to distribute the funds accordingly. For instance, if a father supported his adult child’s education, that child may receive a larger share than a sibling who was not financially reliant on him. Family members must demonstrate their dependence on the deceased, and the court will allocate the settlement based on each qualified member’s financial reliance.
Importance of Seeking Legal Advice
Seeking legal advice is essential when considering a wrongful death lawsuit. The emotional burden of loss can be overwhelming, and understanding the legal process requires specific knowledge. Wrongful death attorneys can guide you through the process, assess your case’s strength, and clarify your rights and options.
Consulting a personal injury lawyer early can help you avoid pitfalls and delays in seeking justice for your loved one. With professional support, you can make informed decisions and feel confident that your interests are protected.
Time Limitations for Filing a Lawsuit
Understanding the time limits for filing a wrongful death lawsuit is crucial for seeking justice. In Illinois, the statute of limitations, or time limit, that you have to file a wrongful death lawsuit is generally two years from the date of the death.
Additionally, evidence and memories may fade, so prompt filing vital for building a strong case. An attorney can ensure you do not miss the deadline for taking legal action.
Factors to Consider When Deciding Whether to File a Claim
Deciding whether to file a wrongful death lawsuit requires careful consideration of emotional stress, financial impact, and possible outcomes. Before filing a wrongful death claim, evaluating your emotional and mental readiness is important, as the process can be draining and stressful. Also, consider the financial implications, including the damages you will likely receive, wrongful death attorney fees, and court costs.
Assess the strength of your case by examining your evidence and identifying any supportive witnesses or documents, and whether our claim is a partial fault wrongful death claim. Realizing your case’s strengths and weaknesses will help you decide whether to pursue legal action or consider alternative resolutions. Your attorney can help you by investigating the case, collecting evidence, advise you on all factors to consider, before pursuing a claim.
The Role of an Attorney
A personal injury attorney can provide valuable support in a wrongful death case. The responsibilities include:
- Assessing your claim.
- Collecting and presenting evidence.
- Negotiating settlement.
- Representing the family in court if required.
- Determining fair compensation, considering aspects like lost income, emotional suffering, and loss of companionship.
- Offer crucial guidance and support to families during a particularly difficult period.
While seeking justice may help grieving families find closure, the legal process can be long and challenging. Our attorneys can offer guidance tailored to your situation.
Contact us at Chute, O’Malley, Knobloch, and Turcy, LLC for help with a wrongful death claim.