What is the Average Wrongful Death Settlement?

Determining an average wrongful death settlement amount is challenging because each case is unique. The value varies greatly based on factors like proving liability, case complexity, insurance policy limits, and damages involved. The deceased’s age and future earning potential can influence the settlement which can range from thousands to several million dollars or more.

With decades of experience with wrongful death cases, our wrongful death attorneys stand ready to provide legal representation to you and your family. Call us for a free initial case review.

Here are answers to important questions that will help your understanding wrongful death lawsuits:

Average Wrongful Death Settlements

What Is Wrongful Death in Illinois?

Wrongful death (740 ILCS 180/0.01, et al.) is a civil claim when a person dies due to another’s negligence, recklessness, or intentional act. Illinois law defines wrongful death as a death caused by a “wrongful act, neglect or default.” If someone’s actions or inactions led to a loved one’s death, you might seek financial compensation through a wrongful death lawsuit.

Who Can File A Wrongful Death Lawsuit?

In Illinois, only certain people can file a wrongful death lawsuit. Wrongful death lawsuits must be filed by the deceased’s personal representative, with compensation usually going to surviving spouses and close family members. The Illinois Survival Act allows the estate to claim damages for pain, suffering, lost wages, funeral and burial expenses, and other costs. Separate lawsuits for loss of companionship can be filed by spouses, children, and sometimes parents, with certain damages available to non-family beneficiaries.

What Type of Damages Might I Recover in a Wrongful Death Lawsuit?

This type of personal injury claim typically require filing a two count complaint.

Wrongful Death Act

The first claim in a wrongful death case is known as wrongful death, filed under the Wrongful Death Act. This act aims to recover damages for grief, sorrow, and mental suffering.

Survival Act

The second count in a wrongful death case seeks damages under the Survival Act (755 ILCS 5/27-6). This act covers damages for:

• Pain and suffering
• Loss of normal life
• Lost wages
• Medical bills
• Funeral expenses

Loss of Consortium

In wrongful death claims, a deceased’s spouse may seek damages for loss of consortium, which refers to losing non-financial benefits that the decedent provided.

How Are Wrongful Death Damages Calculated in Illinois?

It’s impossible to accurately predict a jury’s decision or which party they will favor. Juries make settlement awards based on potential damages, fault, and the likelihood of a favorable verdict.

In Illinois wrongful death lawsuits, a jury hears evidence from both the plaintiffs and defendants. Depending on the parties and case complexity, trials can last from one day to over two weeks. After evidence is presented, the jury deliberates privately. They first decide if the defendants are liable. If so, they assign fault and fill out a verdict form listing damages like pain and suffering, lost wages, grief, and sorrow, with dollar amounts for each before submitting it to the court.

Factors That Impact Wrongful Death Settlement Amounts

Wrongful death settlement amounts vary greatly, as they aim to compensate for emotional and financial losses. Juries consider many factors when deciding the award:

Age

A young person’s death may lead to a larger verdict due to the potential years of life lost from negligent death.

Income

The deaths of primary income earners can lead to larger verdicts due to their family’s financial dependence.

Medical Expenses

Fatal injuries that needed invasive surgeries—like burns, brain injuries, and paralysis—can lead to significant legal verdicts.

Household Services

A jury may consider a family’s loss of companionship and household services when a surviving spouse hires workers for childcare or home maintenance after a partner’s death.

Pain and Suffering

A jury is likely to award higher damages if the deceased was conscious and aware of their injuries before they died.

Liability

A defendant’s insurance company evaluates the likelihood of a jury’s siding with the plaintiff before settling. Clear evidence of their client’s responsibility can lead to a larger settlement.

Examples of High Wrongful Death Lawsuit Payouts in Illinois

At The Kryder Law Group, LLC Accident and Injury Lawyers, our wrongful death attorneys have secured several multi-million dollar settlements, including:

• $3 million for a family who lost a loved one in an accident with a garbage truck.
• $7.5 million in a construction site injury case, which was the highest award for such an accident in DuPage County at the time.

Is There a Cap on What Can Be Rewarded?

In Illinois, there is no cap on compensatory or punitive damages for wrongful death settlements. Juries award damages based on reasonable compensation for injuries and can even exceed the plaintiff’s request.

How Are Wrongful Death Settlements Paid Out?

Wrongful death settlement funds are given to close family members of the deceased, such as the spouse, children, or parents. If no close family members exist, payments go to other relatives.

The Probate Act (755 ILCS 5/9-1, et al.) lists the following family members in order of priority for a wrongful death recovery:

1. Spouse and children
2. Grandchildren
3. Parents
4. Brothers and sisters
5. Nieces and nephews
6. Grandparents

Get Help From an Experienced Wrongful Death Attorney

Losing a loved one is incredibly difficult whether they died in a car accident or from medical malpractice. A skilled wrongful death lawyer at our law firm, The Kryder Law Group, LLC Accident and Injury Lawyers, can review your case and help determine the damages surviving family members might recover.

Our wrongful death attorneys have extensive knowledge and experience handling these cases and will guide you through the entire process. We will explain everything you need to know and assist you from filing a wrongful death claim to ensuring your settlement is paid.

Free Consultation

Contact us today. One of our personal injury lawyers will review your wrongful death suit, explain your legal options to seek compensation, and answer your questions.