Joliet / rockford / wheaton Wrongful Death Lawyers
Catastrophic injuries resulting in wrongful death are always traumatic for the victim’s family. While nothing can replace the life of a loved one, there are certain remedies available under Illinois law. Our firm can hold those who caused a wrongful death occurrence accountable in accordance with the law.
At Zayed Law Offices, we can help you get to the bottom of what happened. If wrongful action was involved, we can vigorously pursue compensation on your behalf and on behalf of anyone else who suffered a serious injury.
The Difference between Survival Claims and Wrongful Death Claims
A wrongful death occurs when someone suffers an untimely death. Under the Wrongful Death Act, any amounts recovered are for the exclusive benefit of the surviving spouse and the next of kin of the deceased person.
A survival action is a claim brought in order to recover for personal injury and other property losses suffered by an individual before succumbing to their injuries.
Under the Illinois Wrongful Death Act, actions are brought in the names of the personal representatives of the deceased person. The personal representative has sole control over the litigation and serves to protect the interests of all beneficiaries.
Type of Recovery
Under the Illinois Wrongful Death Statute, we pursue compensation for losses including, but not limited to:
- Decedent’s felicity, care, attention, and guidance to family members
- Personal services rendered by the decedent around the home
- Decedent’s care of children
- Decedent’s future earnings
- Decedent’s spousal services
- Punitive damages
- Pecuniary injuries
Wrongful Death Actions and Creditors
Under the Wrongful Death Act, creditors of the decedent often inquire about their right to compensation.
The Act states:
Sec. 1. Whenever the death of a person shall be caused by wrongful act, neglect or default, and the act, neglect or default is such as would, if death had not ensued, have entitled the party injured to maintain an action and recover damages in respect thereof, then and in every such case the person who or company or corporation which would have been liable if death had not ensued, shall be liable to an action for damages, notwithstanding the death of the person injured, and although the death shall have been caused under such circumstances as amount in law to felony.
Furthermore, Section 2 of the Act states: “the amount recovered in every such action shall be for the exclusive benefit of the surviving spouse and next of kin of such deceased person.” This indicates that: (1) Any recovery is not treated as part of the estate of the deceased and (2) The decedent’s creditors cannot touch any amounts recovered in a Wrongful Death action.
At Zayed Law Offices, our attorneys are experts in recovering the compensation families are entitled to in the event of a catastrophic injury or wrongful death.
We assist clients who have lost loved ones in: