When a loved one’s life is taken because of someone else’s negligence, no financial recovery can replace that loss. However, Illinois law allows families to pursue compensation for the economic and emotional harm they suffer. Understanding wrongful death damages Illinois law permits is an important step in protecting your family’s rights.
Wrongful death claims are governed primarily by the Illinois Wrongful Death Act (740 ILCS 180/2) and often proceed alongside a Survival Act claim under 755 ILCS 5/27-6. These laws define what types of damages may be recovered and how they are distributed.
Below is a detailed explanation of the damages available in Illinois wrongful death and survival action cases.
Damages Under the Illinois Wrongful Death Act (740 ILCS 180/2)
The Illinois Wrongful Death Act allows recovery of damages for the benefit of the surviving spouse and next of kin. The statute focuses on losses suffered by surviving family members as a result of the death.
Loss of Financial Support
Families may recover damages for lost income, benefits, and financial contributions the deceased would have provided. This includes future earnings based on the deceased’s work history, education, and career trajectory.
Loss of Society and Companionship
Illinois recognizes the value of a loved one’s companionship, affection, and guidance. Loss of society damages compensate surviving family members for:
- Loss of companionship
- Loss of marital relationship
- Loss of emotional support
- Loss of guidance for children
Illinois Pattern Jury Instructions (IPI) provide guidance to juries in evaluating these non-economic damages.
Grief, Sorrow, and Mental Suffering
Illinois law allows recovery for grief and mental suffering experienced by surviving family members. This recognizes the profound emotional impact of a wrongful death.
Funeral and Burial Expenses
Reasonable funeral, burial, and related expenses may be recovered as part of wrongful death damages.
Loss of Parental Guidance for Minor Children
When a parent dies, minor children may recover damages for the loss of instruction, moral guidance, and training they would have received.
Survival Action Damages (755 ILCS 5/27-6)
In addition to the wrongful death claim, the estate may bring a survival action to recover damages the deceased would have been entitled to had they survived. These are distinct from wrongful death damages.
Medical Bills Before Death
The estate may recover medical expenses incurred between the injury and the person’s death.
Lost Wages Before Death
If the deceased survived for a period of time after the injury, lost wages during that period may be recoverable.
Conscious Pain and Suffering
If the deceased experienced conscious pain and suffering prior to death, those damages may be awarded under the Survival Act.
For a detailed explanation of the difference between these claims, visit:
Wrongful Death vs. Survival Action in Illinois.
You may also find helpful information in our related blog:
Wrongful Death vs. Survival Action — Understanding the Difference.
How Wrongful Death Damages Are Calculated
Life Expectancy
Courts consider the deceased person’s remaining life expectancy when calculating future lost earnings and loss of society damages.
Earning Capacity
The deceased’s income history, education, skills, and career trajectory are evaluated to project future financial contributions to the family.
Relationship Closeness
The closeness and quality of the relationship between the deceased and each beneficiary affects the calculation of loss of society damages.
Role of Expert Witnesses
Economists, vocational experts, and life-care planners are often used to quantify damages and future losses.
For general insight into how injury damages are evaluated, see:
Settlement Value Factors.
No Statutory Cap on Wrongful Death Damages in Illinois
Illinois does not impose a statutory cap on wrongful death damages in most cases. Compensation is based on the evidence presented and the jury’s determination.
Punitive Damages
In certain cases involving willful and wanton misconduct, punitive damages may be available to punish particularly egregious conduct.
Distribution of Damages
Wrongful death damages are distributed to surviving family members as determined by the court. The court considers dependency and family relationships.
Survival action damages become part of the estate and are distributed according to the will or Illinois intestacy law.
For an overview of wrongful death claims generally, visit:
Wrongful Death Attorney page.
To learn about who has the right to bring a claim, see:
Who Can File a Wrongful Death Lawsuit in Illinois.
Frequently Asked Questions
Are wrongful death damages taxable in Illinois?
In many cases, compensatory damages for personal injury or death are not considered taxable income, though individual circumstances vary.
Is there a cap on wrongful death damages?
No. Illinois does not generally impose caps on wrongful death damages.
Can families recover for emotional suffering?
Yes. Illinois law allows compensation for grief, sorrow, and mental suffering.
How are damages divided among family members?
The court determines distribution based on dependency and relationship to the deceased.
Contact Parker & Parker Attorneys at Law
Understanding wrongful death damages Illinois law provides can help families make informed decisions during a difficult time.
Parker & Parker Attorneys at Law represents families in Peoria and throughout Central Illinois in wrongful death and survival action claims.
Parker & Parker Attorneys at Law
300 NE Perry Ave
Peoria, IL 61603
Phone: 309-673-0069
Contact us today to discuss your case and your options.
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