What Types of Damages Can Be Recovered in a Wrongful Death Case?

category: Car Accidents,Wrongful Death

Protecting your rights
after a wrongful death

What Types of Damages Can Be Recovered in a Wrongful Death Case? The pain, confusion, and emotional strain following the wrongful death of a loved one can be overwhelming for family members, spouses, and other survivors. At Hassakis & Hassakis, we’ve been representing families in wrongful death claims throughout Southern Illinois since 1950. Our mission is to help grieving survivors seek justice and secure the compensation they deserve when negligence leads to the loss of life—whether from a hospital's error, a negligent driver, machine malfunction, toxic exposure, or other causes.

This post outlines the types of damages that may be recoverable in wrongful death cases in Illinois. To learn more or schedule a free consultation, please contact us online, or call our office at (618)-244-5335.

Types of Damages in Wrongful Death Claims in Illinois

When filing a wrongful death claim in Illinois, surviving family members or beneficiaries may be entitled to various types of damages. These damages are designed to compensate for the financial, emotional, and personal losses caused by the untimely death of a loved one. Below are the types of damages that may be recoverable:

Economic Damages in Wrongful Death Cases

Economic damages in Illinois are put in place to provide financial compensation for measurable financial losses that result from the death of a loved one. These damages aim to alleviate the financial burden caused by the death and may include the following:

• Medical Expenses: Costs associated with the deceased's final illness or injury, including hospital bills, surgeries, emergency care, and other necessary medical treatments leading up to their death.
• Funeral and burial costs: Expenses related to the funeral, burial, or cremation services, as well as other related costs such as memorial services and headstones.
• Loss of Financial Support: Compensation for the income the deceased would have earned if they had lived, and the support they would have provided to their family, such as paying for housing, education, and other family expenses.
• Loss of Benefits: Any benefits the deceased would have received, such as pension, health insurance, retirement savings, or other employment-related benefits now lost to the surviving family members.

These damage claims are essential for helping families cover immediate and long-term financial needs. While this is never a great situation to be in, damages are designed to reduce stress after a tragedy.

Non-Economic Damage Claims in Illinois

Non-economic damages compensate for intangible losses that result from the wrongful death. Unlike economic damages, which focus on financial losses, non-economic damages address the emotional and personal suffering experienced by the survivors. These damages include:

• Pain and Suffering: Compensation for the physical and emotional pain that the deceased experienced prior to death due to illness, injury, or trauma. This may also include mental anguish they suffered before passing away.
• Loss of Companionshipe: Compensation for the loss of affection, emotional support, love, and the relationship a spouse, parent, or child would have received from the deceased. This also recognizes the emotional void left by the death of a close family member.
• Loss of Parental Guidance: For children who lose a parent, this compensates for the loss of advice, direction, and emotional support that a parent would have provided throughout their lives. This is especially significant when young children lose a parent during critical developmental years.

These damages are intended to help survivors cope with the emotional toll and grief following a tragic death, acknowledging that the loss of a loved one is about more than just financial consequences—it’s also about the profound personal and emotional impact on the family.

Punitive Damages for Wrongful Death Cases

Punitive damages are not intended to compensate the victim’s family for their losses but to punish the defendant for particularly egregious conduct and deter others from similar actions. These damages are awarded in cases where the defendant's behavior was especially reckless, malicious, or grossly negligent. Examples of cases that may warrant punitive damages include:

• Driving under the influence (DUI) of alcohol or drugs, especially when it results in a fatal accident due to reckless or impaired driving.
• Intentional acts of violence, such as assault or battery, that directly cause death or lead to fatal complications from long-term injuries.
• Extreme negligence, such as willful disregard for safety protocols in workplaces or industrial settings, which can result in fatal accidents. For example, a factory manager knowingly failing to repair a malfunctioning machine that poses a danger to workers.
• Medical malpractice or neglect by healthcare professionals, such as misdiagnosis, surgical errors, or failure to provide necessary treatment that could result in a death due to reckless actions.
• Manufacturing or selling defective products that result in fatal injuries. Corporate fraud or misconduct, such as knowingly or unknowingly cutting corners or ignoring safety practices, can also lead to punitive damages if it contributes to the harm caused by a product.

Under statute 735 ILCS 5/2-1115.05 in Illinois, punitive damages may go beyond direct compensation—they are meant to hold wrongdoers accountable for conduct that far exceeds ordinary negligence and to discourage others from engaging in similar behavior. In cases where punitive damages are awarded, the defendant’s actions often show a blatant disregard for human life, further compounding the emotional toll felt by the victim’s family.

The amount and types of damages available depend on the specific circumstances of the wrongful death case. Our attorneys at Hassakis & Hassakis are here to help you understand your rights and ensure that you receive the full compensation you're entitled to.

Illinois Damages for Wrongful Death Claims

Contact our wrongful death attorneys online if you've lost a family member or loved one. You can also call us at (618)-244-5335 to learn more about wrongful death damage claims in Illinois and the legal process.