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.

Evidence Basics: Judicial Discretion

One of the basic tenets governing admissibility of evidence at trial is it is a matter within the discretion of the trial judge. Evidence admissibility issues are governed by the abuse of discretion standard on appeal.

Rulings on admissibility will be overturned only when the decision is arbitrary, fanciful or unreasonable and when the improper ruling substantially effects the outcome of the trial.

Beyond the statement that admissibility is governed by the discretion of the trial judge, evidence should be admitted if it is relevent and apropo to the matter at hand, admissibiliity limited by the potential for prejudice or confusion.

Evidence law in Illinois personal injury cases can be extremely nuanced and detail intensive. Trial judges are important gatekeepers of evidence in cases. In the event of a serious personal injury in Illinois, contact an attorney at The Law Offices of Adam J. Zayed, P.C. today in order to speak to someone who will be able to make the winning argument based on the facts of your case.

Wrongful Death Actions and CREDITORS

I was recently asked about one of the nuances of the Wrongful Death Act.  The situation was as follows: The decedent had a significant amount of debt, and the family wanted to bring a wrongful death claim.  The question was: would the decedent's creditors have a right to recover under the Wrongful Death Act?

The Illinois Wrongful Death Act states:

Sec. 1. Whenever the death of a person shall be caused by wrongful act, neglect or default, and the act, neglect or default is such as would, if death had not ensued, have entitled the party injured to maintain an action and recover damages in respect thereof, then and in every such case the person who or company or corporation which would have been liable if death had not ensued, shall be liable to an action for damages, notwithstanding the death of the person injured, and although the death shall have been caused under such circumstances as amount in law to felony

740 ILCS 180.

As I have stated in previous posts, the Wrongful Death Act is a statutory creation that provides the surviving spouse and next of kin with a right to recover for the loss of the decedent.  Section 2 of the Wrongful Death Act states: "the amount recovered in every such action shall be for the exclusive benefit of the surviving spouse and next of kin of such deceased person."

A. This means that any recovery is not treated as part of the estate of the deceased; and

B. This means that the decedent's creditors cannot touch any amounts recovered in a Wrongful Death action.

At The Law Offices of Adam J. Zayed, P.C., our attorneys are experts in recovering the compensation families are entitled to in the event of a catastrophic injury or wrongful death. 

Survival vs. Wrongful Death

The term "wrongful death" is actually a bit of a misnomer.  In the unfortunate event that someone suffers an untimely death, one would intuitively think that the appropriate claim to file would be a "wrongful death" claim, to recover for losses suffered by the individual that suffered the untimely death.

Under Illinois statutory law, however, the Wrongful Death Act does not recover for damages incurred by the deceased.  Wrongful death claims recover for losses sustained by the spouse and the next of kin of the individual who suffered a wrongful death. 740 ILCS 180/0.01

On the other hand, a survival action is a claim brought in order to recover for personal injury and other property losses suffered by an individual before succumbing their injuries.  A personal injury attorney will ensure that all appropriate claims are made in order to ensure that victims of personal injuries recover the compensation they are owed.