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What is the difference between a survival claim and wrongful death claim in Illinois? Can I pursue both?

When you lose loved one because of the negligence, recklessness, or wrongful behavior of another person or entity, you have a right to file an Illinois wrongful death claim. This allows you to pursue compensation for expenses related to the death and the financial and emotional losses experienced by your family. Wrongful death damages are always paid to immediate family members and include burial expenses, the loss of income to the family, mental pain and anguish over the loss of the loved one, and the loss of services that the deceased provided.

When you file a wrongful death claim in Illinois, you may also be eligible to file a survival claim. The estate of the deceased files a survival claim in order to recover the compensation that the deceased would have received had he survived the accident. Survival claim damages include medical expenses, loss of earning capacity before death, and pain and suffering. If these damages are awarded, they must be distributed according to the terms of the estate.

In some states, surviving family members to choose between pursuing a wrongful death action or pursuing a survival action. In Illinois, a family may choose to do both. The same attorney can file these actions at the same time.

Every family who loses a loved one to a wrongful death deserves accountability. To learn more about Illinois wrongful death claims, please contact the Rockford personal injury attorneys at Hupy and Abraham. Call 800-390-6350 to schedule a free consultation.

Jason F. Abraham
Managing Partner, Hupy and Abraham