How is Compensation Determined in Wrongful Death Cases?

 Posted on October 23, 2024 in Wrongful Death

The loss of a loved one simply cannot be compensated for, regardless of the amount of money. Families who lose loved ones as the result of negligence on the part of another person or entity can, however, file a wrongful death claim that can help ensure those left behind are financially secure. Often, the person who dies due to negligence is the family's primary breadwinner. This leaves loved ones struggling emotionally as well as financially.

Wrongful deaths are often the result of an auto accident, medical malpractice, or the result of a dangerous or defective drug, device, or consumer product. Perhaps the most difficult aspect of a wrongful death claim is establishing the monetary value of a person's life. If you have lost a loved one through another's negligence, you are entitled to file an Illinois wrongful death claim. An experienced Chicago, IL wrongful death attorney from Winters Salzetta O'Brien & Richardson, LLC will guide you through the process, fighting for your future at every turn.   

What Are Economic Damages in a Wrongful Death Claim?

Economic damages address losses that have a clear financial number attached. Wrongful death economic damages include the lost future earning capacity of the decedent and any medical and funeral expenses associated with the death. The future earning capacity of the decedent may be based on:

• His or her income at the time of death
• The age of the decedent
• The education and training of the decedent
• The likelihood that the decedent would have advanced in his or her chosen career  
• The number and ages of the decedent's dependents
• The value of any lost benefits, including health insurance, bonuses, and overtime pay

A wrongful death attorney may work with an economist to determine the value of these economic factors.

How Do Emotional Pain and Suffering Factor into the Final Damage Settlement?

Pain and suffering damages are known as non-economic damages because they are more difficult to quantify or value precisely. Pain and suffering are subjective, requiring a highly experienced trial lawyer to document and convey to the judge or jury the extent of your family's emotional trauma. If your loved one lived for a period of time following the accident, he or she may have suffered both physical pain and emotional pain and trauma before death.

If the decedent left a spouse and children behind, they may experience the loss of spousal consortium, loss of the guidance and care of a parent, and even loss of an inheritance. If a family member witnessed the accident that resulted in death, he or she could experience significant emotional trauma.  

Damages for pain and suffering may be calculated using the multiplier method. The total economic damages are multiplied by a number from 1.5 to 5, depending on the trauma, pain, and suffering experienced. The per diem method involves establishing a per day monetary award for the pain and suffering experienced by the decedent and multiplying that by the number of days the decedent lived prior to his or her death.

Punitive Damages Now Permitted in Certain Cases in Illinois

As of January 2024, the Illinois legislature passed a bill amending the Illinois Wrongful Death Act to allow the recovery of punitive damages in certain cases. Punitive damages are meant to punish the defendant for willful and wanton behavior while deterring similar conduct in the future rather than compensating the victims for economic and non-economic damages. House Bill 0219 now allows loved ones to recover punitive damages except for legal malpractice, healing art malpractice, a claim against the State or government, or a claim against a governmental employee acting in his or her official capacity.

Contact a Chicago, IL Wrongful Death Lawyer

If your loved one died as a result of the negligence of another, you have the right to file a wrongful death claim. When you choose a Chicago, IL wrongful death attorney from Winters Salzetta O'Brien & Richardson, LLC, you can rest assured that we will fight for you and your family members to ensure a fair settlement amount. If punitive damages are applicable, we will also work to prove those damages. Call 312-236-6324 to schedule your free consultation to discuss your wrongful death claim.