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.