Monday, March 28, 2011

Illinois Wrongful Death Statute

Under the Illinois Wrongful Death Act, actions are brought in the names of the personal representatives of the deceased person.  740 ILCS 180/2.

The personal representative has sole control over the litigation and serves the protect the interests of all beneficiaries.  Of course, under the Wrongful Death Act, the amounts recovered are for the exclusive benefit of the surviving spouse and the next of kin of the deceased person.  740 ILCS 180/2.

Under the Illinois Wrongful Death Statute, there are several ways to recover:

  • 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; and

  • pecuniary injuries.

Beyond just theories of recovery, skilled plaintiff's attorneys also consider tax consequences, set-offs, and other types of economic considerations.  In the event of a wrongful death because of the negligence of an individual or an entity, contact an experienced attorney.


  1. The tax implications such as birth injury attorney los angeles, that need to be considered in any situations like the one you mentioned bear a heavier weight in Illinois than in any other states.

  2. The Illinois Wrongful Death Law helps the family members who have been injured financially and emotionally.

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  3. This is a good post to keep everyone educated. There are still cases where family members have conflict on who will be the beneficiary after a family member's death.

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