What Types of Damages Are Available in a Wrongful Death Lawsuit?

 Posted on April 24, 2021 in Personal Injury

For most people, the death of a loved one is among the worst things that could happen to them. While all deaths are tragic, a situation can be especially difficult if a person was killed because someone else acted negligently, recklessly, irresponsibly, or with the intent to cause harm. In these types of cases, family members will not only struggle with the grief that comes from having a loved one taken away too soon, but they may also experience financial difficulties that affect their ability to provide for themselves. Fortunately, by working with an attorney, a person’s family members can pursue compensation through a wrongful death lawsuit.

Wrongful Death Damages

A deceased person’s surviving family members or the personal representative of their estate can pursue a wrongful death lawsuit. The damages recovered through this type of lawsuit are for the exclusive benefit of the deceased person’s surviving spouse and next of kin. These damages may include:

• Lost income - If the deceased person earned income that was used to provide for their family’s ongoing expenses, their family members may receive compensation that addresses the loss of this income. In addition to the wages or salary that the person would have earned, damages may also address other forms of compensation, such as health insurance coverage or retirement benefits.
• Medical expenses - Prior to their death, a person may have needed extensive medical care, including emergency treatment, hospitalization, or surgery, and this may have resulted in large medical bills for their family. Compensation in a wrongful death lawsuit can ensure that all of these expenses will be fully paid.
• Pain and suffering - The deceased person may have experienced a great deal of physical and emotional pain before their death, and compensation may address this trauma. Family members may also receive compensation for their own grief, sorrow, and emotional trauma or mental anguish.
• Loss of society or companionship - A deceased person’s loved ones may be compensated for the loss of the relationship they would have had with their loved one throughout the rest of their natural life, and damages may address the love and support the deceased person would have offered to their spouse or the instruction and guidance they would have provided for their children.
• Funeral expenses - A family or the estate of the deceased person may be compensated for all reasonable expenses related to their funeral and the disposition of their remains, including the costs of a coffin or cremation urn, a cemetery lot, and a gravestone or other burial monument.
• Punitive damages - If the defendant caused the person’s death through knowingly reckless, malicious, or intentional actions, these types of damages may be ordered as a method of punishment.

Contact Our Aurora Wrongful Death Attorneys

At Kinnally Flaherty Krentz Loran Hodge & Masur P.C., we can help you pursue a wrongful death lawsuit and recover compensation for all of the ways you have been affected by your loved one’s death. To arrange a free consultation, contact our Kane County wrongful death lawyers today by calling 630-907-0909.

Sources:

https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2059&ChapterID=57