How Wrongful Death Settlements Are Calculated in Illinois

Last Updated: October 29, 2026

Under 740 ILCS 180/2(a), the jury may award fair and just compensation for the pecuniary injuries to the surviving spouse and next of kin, including grief, sorrow, and mental suffering. Instruction 31.04 includes money, benefits, goods, services, and society when those items are in the instruction given for an adult decedent in the surviving-spouse-or-lineal-next-of-kin context. 755 ILCS 5/27-6 lets an action for injury to the person survive. Instruction 31.10 measures that separate estate claim for the period between the injury and the death.

Home »
Blog »
How Wrongful Death Settlements Are Calculated in Illinois

Families who have lost someone to another party’s negligence want to know what a wrongful death claim is actually worth. There is no formula that produces a guaranteed number, but Illinois law defines specific categories of compensable loss that drive the calculation. A settlement figure also depends on liability, evidence, and what coverage or assets may actually be available to satisfy a judgment or agreement.

Economic Damages: The Financial Reality of the Loss

When Instruction 31.04 is given for an adult decedent leaving a surviving spouse or lineal next of kin, pecuniary loss may include loss of money, benefits, goods, services, and society, and grief, sorrow, and mental suffering. The jury may consider past and future contributions of money, benefits, goods, and services, the decedent’s personal expenses, age, health, habits, and occupational abilities, when those bracketed factors are included in the instruction. That framework supports proof of lost financial support and household services; it does not entitle survivors to automatic gross lifetime earnings in every case.

For future pecuniary losses that consist of money, benefits, goods, or services, Instructions 31.12 and 31.13 require those future financial elements to be reduced to present cash value. Damages for loss of society and for grief, sorrow, and mental suffering are not reduced to present cash value. Instruction 31.13 says a mortality table in evidence gives average life expectancies and is not conclusive. Instruction 31.10 addresses the survival claim for conscious pain and suffering, lost earnings, and medical expenses between the injury and the death when that count is submitted. Instruction 31.14 addresses an independent action by the administrator or executor for estate-incurred funeral and burial expenses and medical expenses that are not otherwise recoverable under a Survival Act claim, where no Family Expense Statute claim is asserted; these expenses should not be treated as automatic duplicates of survival or wrongful-death damages.

Non-Economic Damages: What Cannot Be Replaced

Instruction 31.11 defines society as the mutual benefits each family member receives from the other’s continued existence, including love, affection, care, attention, companionship, comfort, guidance, and protection. Section 180/2(a) includes grief, sorrow, and mental suffering in the pecuniary injuries for qualifying beneficiaries. Subsection (a) does not state a general dollar cap on that award for surviving spouse and next of kin. Subsection (c) applies only when the deceased person left no surviving spouse or next of kin entitled to recovery. It allows class recoveries for hospitalization and medical services each not exceeding $450, with funeral, administration, and related costs counted within a statutory measure that may not exceed $900 in the aggregate plus a reasonable attorney’s fee. That $900 figure is not a standalone administration bucket.

Factors That Increase or Decrease Settlement Value

Liability clarity and proof affect how insurers and defendants evaluate exposure, but clearer fault does not guarantee a particular payment. Subsection (h) first applies the decedent’s contributory fault under 735 ILCS 5/2-1116. Instruction B31.08 says fault of more than 50 percent of the total proximate cause requires a verdict for the defendant, and fault of 50 percent or less reduces the damages. The trier of fact then measures each beneficiary’s fault. Fault of more than 50 percent bars that beneficiary. The barred share is not payable by a defendant and does not go to the other beneficiaries. Fault that is not more than 50 percent diminishes that beneficiary’s damages in proportion.

Multiple Defendants and Insurance Layers

Subsection (b) distributes the amount recovered, including an agreed settlement, by the percentage of dependency the court finds for each surviving spouse and next of kin. Fatal incidents may also involve more than one potentially responsible party. Each defendant’s liability and insurance coverage, including umbrella or excess policies when they apply, can affect what may be collected, but available limits do not automatically stack or guarantee full payment of the legal measure of damages. See how insurance companies handle wrongful death claims in Illinois when evaluating coverage.

Why Cases With Strong Evidence Settle Higher

The strength of evidence in a wrongful death case can influence how parties value the claim at settlement discussions. Reports, records, witness statements, and qualified expert opinions may support notice, causation, and damages when those materials exist and are admissible. Insurers and defense counsel often weigh trial risk against the proof available; stronger evidence may increase negotiated pressure, but it does not produce a fixed payment amount or predictable timeline.

Instruction 31.07 excludes the decedent’s pain and suffering from pecuniary loss in the death count. Its notes say to omit that exclusion when a survival count is tried with the death count, so the jury is not told to ignore an element Instruction 31.10 submits for the period between the injury and the death.

For the broader lawsuit framework, see our guide to filing a wrongful death lawsuit in Illinois, including who can sue, deadlines, damages, and how the case moves through court.

Frequently Asked Questions

What factors determine the value of a wrongful death settlement in Illinois?

Instruction 31.04 lists the bracketed factors the jury may consider when that instruction is given for an adult decedent leaving a surviving spouse or lineal next of kin, including contributions of money, benefits, goods, and services, the decedent’s age, health, habits, and occupational abilities, and the grief, sorrow, and mental suffering of the next of kin. Liability, evidence, and available coverage also affect what may be recovered in practice. The court distributes the legal recovery under subsection (b) by percentage of dependency.

Is there a cap on wrongful death damages in Illinois?

For surviving spouse and next of kin, subsection (a) does not state a general dollar cap on fair and just compensation for pecuniary injuries. Subsection (c) applies only when there is no surviving spouse or next of kin entitled to recovery. It limits class recoveries for hospitalization and medical services to $450 each and caps the overall measure of those expenses, including funeral and administration costs, at $900 in the aggregate plus a reasonable attorney’s fee. Other statutory or governmental limits may apply in particular cases.

How long do wrongful death settlements take in Illinois?

Section 180/2 does not set a time for settlement. Subsection (d) requires the action to be commenced within 2 years after the death, except as subsection (e) provides.

If you or a loved one has been injured in a car accident, our Peoria personal injury team can help document the claim, evaluate available coverage, and prepare the case for settlement or litigation.

Related Articles

• Wrongful Death Attorney
• Illinois Wrongful Death Statute of Limitations
• Proving a Wrongful Death Case in Illinois
• Wrongful Death Car Accident Claims in Illinois