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What Can You Recover in an Illinois Wrongful Death Lawsuit?

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Illinois law determines what types of recovery you can claim in a wrongful death suit

No amount of compensation will undo the damage that has been done. There is no way to change the course of events and to bring your loved one back to you. Yet legal damages are important and can have a profound impact on your future.

Compensation awarded in an Illinois wrongful death lawsuit can help keep your family from financial ruin when medical bills, funeral costs, lost income and other economic losses add up. Wrongful death damages—while imperfect—can compensate you for your emotional loss and the physical pain your loved one endured.

However, your time to seek compensation for these damages is limited by state law. Accordingly, it is important to understand what you may recover and to take action as soon as you can.

Potential Damages in a Wrongful Death Case

The specific damages that will be awarded in a wrongful death case are unique to your loss. Many cases, however, involve an award that include one or more of the following categories that may be recovered in Illinois:

  • Medical expenses. All healthcare expenses related to your loved one’s injuries that were incurred from the time of the accident to the time of his death may be compensable.
  • Out-of-pocket costs. Any out-of-pocket costs, including funeral costs, that were incurred because of the fatal accident may be compensable.
  • Lost income. Any income that your loved one has been unable to earn since the accident that caused his death and that he is now unable to earn in the future may be compensable.
  • Pain and suffering. Your loved one’s physical pain and emotional suffering from the time of the accident until the time of your death and the grief, sorrow and mental suffering of close relatives may be compensable.
  • Punitive damages may not be awarded in Illinois wrongful death cases.

Get Help to Get the Damages You Deserve

An experienced attorney can help you gather evidence and convince the insurance company or the court of the value of your fair damages. Our lawyers provide free initial consultations and are only paid if you recover damages. Please contact us any time to schedule a meeting—we would be pleased to provide you with an honest evaluation of your case and to help your family during this difficult time.

Jason F. Abraham
Managing Partner, Hupy and Abraham

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