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Damages survivors can claim in a wrongful death action in Illinois

In Illinois, the survivors can file a wrongful death claim when their loved one dies due to the negligence or intentional act of another person or company. This type of lawsuit seeks damages on behalf of the deceased’s estate and can provide much-needed financial relief to those who have lost a loved one. There are several types of damages that can be claimed in a wrongful death suit. They include:

1. Loss of financial support

The survivors of the deceased may be able to claim compensation for the loss of financial support that the deceased provided. This can include lost wages, lost benefits, and lost inheritance.

2. Loss of companionship

The survivors can seek compensation for the loss of companionship and love that they got from the deceased. This type of damage is often awarded in cases where the relationship between the survivor and the deceased was particularly close, such as in a parent-child relationship or spouses.

3. Loss of services

In Illinois, the survivors may also claim damages for any services that the deceased provided. For example, childcare, spousal support, housekeeping, and lawn care.

4. Mental anguish

When you lose someone you love out of someone else’s negligence, the mental toll it can take on you is indescribable. Thus, in most cases, the court compensates the survivors for the mental anguish and emotional distress they have suffered as a result of the death of their loved ones.

Who can file a wrongful death lawsuit?

In Illinois, either the executor of the deceased’s will or the estate administrator on behalf of the survivors. If there is no will or estate administrator, the court will appoint a representative.

Wrongful death is more like a personal injury lawsuit, but in which the injured person cannot pursue compensation on their own. Thus, filing this lawsuit is a way of getting justice on behalf of your lost loved one. It’s important to gather all the evidence you need and file a claim within two years of the deceased passing.