Losing a loved one is a devastating experience, especially when their death results from another person’s negligence. In Illinois, wrongful death lawsuits are designed to provide justice and compensation for families who suffer this tragic loss. At Halliday McCall, we’re committed to helping families navigate these complex cases and fight for the compensation they deserve.

Who is Eligible to File a Wrongful Death Lawsuit in Illinois?

In Illinois, the law specifies that only certain individuals are permitted to file a wrongful death lawsuit. Typically, the representative of the deceased person’s estate is responsible for initiating the claim. This representative is often appointed by the probate court and could be someone named in the deceased’s will or a family member. If no representative was appointed, the court will select one.

Illinois wrongful death law allows the following beneficiaries to seek compensation:

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  Spouses: The surviving spouse of the deceased may seek damages.
• Children: If the deceased has minor or adult children, they are eligible to recover compensation for their loss.
• Parents: If the deceased was a minor child, the parents have the right to file a claim.

The purpose of the lawsuit is to benefit the surviving family members who relied on the deceased emotionally or financially. It is essential to act quickly, as Illinois has a two-year statute of limitations for wrongful death claims. Missing this deadline may prevent the family from recovering any compensation.

How is Compensation Calculated in Illinois Wrongful Death Cases?

Compensation in an Illinois wrongful death lawsuit aims to cover both economic and non-economic damages. The value of a wrongful death claim can vary significantly depending on the unique circumstances of each case. Here’s a breakdown of factors that contribute to the calculation of compensation:

1. Economic Damages

These damages account for the financial contributions the deceased would have provided to their family. Economic damages may include:

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  Medical Expenses: Any medical bills incurred due to the injury or illness that led to the wrongful death.
• Funeral and Burial Costs: Reasonable expenses associated with laying the deceased to rest.
• Lost Wages and Benefits: The income the deceased would have earned if they had survived, including potential future earnings.
• Loss of Inheritance: This refers to what the deceased would have likely left behind for family members in terms of financial assets.

2. Non-Economic Damages

These damages are awarded for emotional suffering and the loss of companionship caused by the death. Non-economic damages may include:

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  Loss of Companionship: The deceased’s loved ones are compensated for the emotional void left by their absence.
• Loss of Guidance and Support: Especially relevant for minor children, this accounts for the absence of parental guidance and emotional support the deceased would have provided.
• Pain and Suffering: Compensation may also cover the emotional distress experienced by the deceased’s loved ones.

Illinois law does not impose a cap on the amount that can be awarded in wrongful death cases, which means the compensation can be substantial depending on the impact on the surviving family members.

Let Halliday McCall Assist You with Your Wrongful Death Case

At Halliday McCall, we understand the profound impact of losing a loved one and the challenges of navigating a wrongful death lawsuit. Our dedicated team is here to provide compassionate guidance and skilled legal representation to ensure that you receive fair compensation. We are committed to advocating for Illinois families and helping them secure the justice they deserve.

If you have questions about wrongful death lawsuits in Illinois or need help with a personal injury matter, contact Halliday McCall today. Let us handle the legal complexities so that you can focus on what truly matters—honoring your loved one’s memory and finding a path forward.