Damages Available in a Wrongful Death Lawsuit

While families may feel that nothing can truly replace their lost loved one, many choose to pursue a wrongful death lawsuit to recover compensation for their emotional and financial suffering. This is done alongside an attorney who can prepare your case so you can receive a suitable settlement. 

What Is a Wrongful Death Lawsuit, and What Are Damages?

A wrongful death lawsuit is a civil action that can be filed by the surviving family to collect damages that occurred due to the loss. The lawsuit alleges that a negligent action resulted in someone’s death.

There are two main types of damages that plaintiffs can recover through a wrongful death lawsuit. The first kind includes compensation the deceased individual may have received if they had survived the incident. Damages in this category include hospital bills, property loss and others that are both economic and non-economic. 

Secondly, plaintiffs can also pursue damages that they’ve faced themselves. This category includes damages for losing their financial support and companionship, as well as the emotional anguish they’ve suffered as a result. These damages may be made in a lump sum payment or partial payments that are given over time. How the settlement is paid depends on whether the other party is a business entity or an individual.  

Who Can File a Wrongful Death Lawsuit?

Laws determining who may file a wrongful death lawsuit vary by state. In Illinois, the individual who is appointed personal representative of the person who passed away can file a lawsuit. The court considers the deceased person’s will and may appoint the will’s executor to be the personal representative. 

If no will exists, then the individual who is appointed to manage the estate will become the personal representative who can file a claim. This may include the deceased’s surviving family members or non-family members as appointed in a will.

What If the Defendant Has Liability Insurance?

The party that pays the wrongful death settlement is determined by whether the defendant has liability insurance. If the defendant is an individual and does not have insurance, the plaintiff may be able to pursue their assets. However, wrongful death claims are often paid for by liability insurance. 

Liability insurance is standard to a business or driver’s insurance policy. This pays for damage if the policyholder is found responsible. If the defendant doesn’t have insurance to pay the full settlement, you may feel unsure of how to recover your entitled compensation. A wrongful death attorney is an important resource in pursuing the settlement your family deserves. We can help you explore your options while your family copes with such a tumultuous event in your life.

Contact a Wrongful Death Attorney to Discuss Your Case

After losing a loved one, you’re searching for solid ground. Seeking compensation for the emotional and financial suffering your family has endured is often possible alongside an attorney. Saks, Robinson & Rittenberg delivers reliable legal guidance while being sensitive to your family’s circumstances. Call to speak to an attorney about your wrongful death case.