Illinois residents may benefit from learning more about the statutes governing wrongful death cases in the state. This legislation grants surviving spouses and immediate relatives the right to see restitution for pecuniary injuries, which may include compensation of pecuniary value such as items including services, goods or money. When there are surviving offspring, the restitution may also include compensation for superintendence of education, moral training and instruction that the child would’ve received had the parent lived.
Under the wrongful death provisions, pecuniary injuries also cover the proven loss of a sibling’s society, loss of parent’s society by an adult child, loss of an unmarried adult child’s society, the parents’ loss of a minor child’s society and a surviving spouse’s loss of consortium. If there is a personal injury lawsuit, as well as a wrongful death claim, the pecuniary injuries pertaining to loss of support shall be limited to the time after death occurs. Doing so helps courts avoid presiding over the duplication of damages.
According to state laws, surviving spouses and direct lineal kin are presumed to have suffered significant pecuniary losses as a result of a death. This presumption is applicable when the next of kin and decedent are both adults as well. In Illinois, parents’ presumption of pecuniary injuries includes loss of a minor or adult child’s society, but any presumption for loss of earnings relating to a minor’s child’s death is no longer valid.
People who have more questions about wrongful death laws may benefit from consulting legal counsel. Lawyers might be effective in explaining how specific provisions apply to a plaintiff’s particular circumstances. In order to obtain restitution for the plaintiffs, lawyers may need to prove that the injuries suffered were a result of the defendant’s actions, inaction or negligence.
Source: Illniois.Gov, “31.00 DAMAGES–WRONGFUL DEATH“, October 17, 2014