What Are the Illinois Survival and Wrongful Death Acts?

 Posted on September 19, 2024 in Wrongful Death

Nobody wants to receive a call informing them that a loved one has passed away. And when someone else caused that death due to negligence or intentional acts, the emotional turmoil may be even worse. Not only do survivors reel from the shock and anger, but they may also find themselves facing significant financial strain. Although no amount of money can replace the deceased, obtaining compensation helps to alleviate part of the burden.

In Illinois, eligible survivors may be entitled to compensation for various damages through a wrongful death action. Understanding the laws governing these claims is vital. Call Kanoski Bresney to speak with one of our experienced lawyers who can determine if you are eligible and explain how these laws apply to your case.

Are You Eligible To Bring a Wrongful Death Action?

Victims of accidents and other incidents sometimes die from their injuries, whether they result from car accidents, medical malpractice, workplace injuries, an assault, or other causes. When another person’s negligence caused those injuries, you can likely hold him accountable for the death as well. Not everyone can file a wrongful death claim. You must qualify under the Illinois Wrongful Death Act as an eligible survivor, which are typically immediate family members. This act also includes the grounds and damages associated with a wrongful death action. A skilled attorney from Kanoski Bresney can tell you if you qualify.

What Is the Illinois Survival Act?

The Illinois Survival Act may also apply to the death of your loved one, giving you an additional option for collecting damages. Think of it like this: the Survival Act compensates for Joe’s losses, while the Wrongful Death Act applies to your losses.

Suppose your deceased family member was named Joe. Joe may have died immediately or undergone unsuccessful medical treatments before his death. If Joe had lived, he could have filed a personal injury claim to obtain a settlement. His damages may have included:

• Medical treatments

• Property damage

• Lost wages

• Pain and suffering

Joe’s eligibility survived his death and was transferred to his estate. You may receive a settlement for his losses on his behalf. Your legal team from Kanoski Bresney will calculate Joe’s damages and work to see you get all he would have been entitled to.

What Kinds of Damages May Apply to Your Losses?

Joe may have been your husband and father to your young children. If Joe had lived, he would likely have provided your family with:

• Financial support through his employment

• Health insurance and other benefits

• Guidance to your children

• Companionship

• Services, such as making home repairs

• Emotional support

You and your children may also experience emotional turmoil, pain and suffering, and other impacts on your lives. In addition to all these losses, you have the expense of Joe’s funeral and burial. Your attorney will evaluate your losses and add them to Joe’s, and then fight to help you collect the highest possible amount.

Call Our Compassionate Springfield, IL Wrongful Death Lawyers

You deserve compensation for the death of your loved one, and Kanoski Bresney can help you obtain it. Let us handle your claim so you can focus on your family. Call 888-826-8682 for your free consultation with our skilled Champaign, IL personal injury attorneys.