What is the Average Wrongful Death Settlement?

Determining an average wrongful death settlement amount is challenging because each case is unique. The value varies greatly based on factors like proving liability, case complexity, insurance policy limits, and damages involved. The deceased’s age and future earning potential can influence the settlement, which can range from thousands of dollars to several million dollars or more.

With decades of experience with wrongful death cases, the attorneys in our personal injury law firm stand ready to provide legal representation to help you and your family seek compensation for your loss.

Here are answers to important questions that will help your understanding of wrongful death lawsuits.

Average Wrongful Death Settlements

What Is Wrongful Death in Illinois?

According to the Wrongful Death Act (740 ILCS 180/0.01, et al.), wrongful death is a civil claim when a person dies due to another’s negligence, recklessness, or intentional act. Illinois law defines wrongful death as a death caused by a “wrongful act, neglect or default.” If someone’s actions or inactions led to a loved one’s death, you might seek financial compensation through a wrongful death lawsuit.

Who Can File A Wrongful Death Lawsuit?

In Illinois, only certain people can file a wrongful death lawsuit. Wrongful death lawsuits must be filed by the deceased’s personal representative, and compensation typically goes to the surviving spouse and close family members. Under the Illinois Survival Act, the deceased person’s estate can seek damages for pain and suffering, lost wages, funeral costs, burial expenses, and other related costs.

Separate lawsuits for loss of companionship can be filed by spouses, children, and sometimes parents, with certain damages available to non-family beneficiaries.

What Type of Damages Might I Recover in a Wrongful Death Lawsuit?

This type of personal injury claim usually requires filing a two-count complaint.

Wrongful Death Act

The first claim in a wrongful death case is known as wrongful death, filed under the Wrongful Death Act. This act aims to recover damages for grief, sorrow, and mental suffering.

Survival Act

The second count in a wrongful death case seeks damages under the Survival Act (755 ILCS 5/27-6). This act covers damages for:

• Pain and suffering
• Loss of normal life
• Lost wages
• Medical bills
• Funeral and burial expenses

What Is Loss of Consortium?

In Illinois, loss of consortium means that the surviving spouse or family members have lost non-financial benefits (like companionship, emotional support, and intimacy) as a result of their loved one’s death. This loss is considered a form of damages and can be recovered under the Survival Act.

How Long Does a Wrongful Death Lawsuit Take?

In Illinois wrongful death lawsuits, a jury hears evidence from both the plaintiffs and defendants. Trials can last anywhere from a single day to over two weeks, depending on the people involved and the complexity of the case.

After hearing all the evidence, the jury deliberates in private. First, they decide if the defendants are liable. If so, they assign fault and complete a verdict form. This form lists damages like pain and suffering, lost wages, emotional distress, and grief—with dollar amounts for each, which is then submitted to the court.

How Are Wrongful Death Damages Calculated in Illinois?

It’s impossible to accurately predict a jury’s decision or which party they will favor. Juries make settlement awards based on potential damages, fault, and the likelihood of a favorable verdict.

Factors That Impact Wrongful Death Settlement Amounts

Wrongful death settlement amounts vary greatly, as they aim to compensate for emotional and financial losses. Juries consider many factors when deciding the award:

Age

A young person’s death may lead to a larger verdict due to the potential years of life lost from negligent death.

Income

The deaths of primary income earners can lead to larger verdicts due to their family’s financial dependence.

Medical Expenses

Fatal injuries that needed invasive surgeries—like burns, brain injuries, and paralysis—can lead to significant legal verdicts.

Household Services

A jury can consider the loss of companionship and household help a family experiences when a surviving spouse has to hire workers for childcare or home maintenance after their partner’s death.

Pain and Suffering

A jury is likely to award higher damages if the deceased was conscious and aware of their injuries before they died.

Liability

An insurance company assesses the chances of a jury’s siding with the plaintiff before deciding on a settlement. If there is clear evidence that their client is at fault, the settlement amount is likely to be higher.

Examples of High Wrongful Death Lawsuit Payouts in Illinois

At The Kryder Law Group, LLC Accident and Injury Lawyers, our wrongful death attorneys have secured several multi-million dollar settlements, including:

• $3 million for a family who lost a loved one in an accident with a garbage truck
• $7.5 million in a construction site injury case, which was the highest award for such an accident in DuPage County at the time

Is There a Cap on What Can Be Rewarded?

In Illinois, there is no cap on compensatory or punitive damages for wrongful death settlements. Juries award damages based on reasonable compensation for injuries and can even exceed the plaintiff’s request.

How Are Wrongful Death Settlements Paid Out?

Financial support from wrongful death settlement funds are given to close family members of the deceased, such as the spouse, children, or parents. If no close family members exist, payments go to other relatives.

The Probate Act (755 ILCS 5/9-1, et al.) lists the following family members in order of priority for a wrongful death recovery:

1. Spouse and children
2. Grandchildren
3. Parents
4. Brothers and sisters
5. Nieces and nephews
6. Grandparents

Are Wrongful Death Settlements Taxed?

Wrongful death settlements may or may not be taxable, depending on the purpose of the payment. While IRC Section 104 excludes certain lawsuit settlements from taxable income, each case must be evaluated individually to determine what the settlement is intended to replace.

Get Help From an Experienced Wrongful Death Attorney

Losing a loved one is incredibly difficult, whether they died in a car accident or from medical malpractice. A skilled wrongful death lawyer at our law firm, The Kryder Law Group, LLC Accident and Injury Lawyers, can review your case and help determine the damages surviving family members might recover.

Our wrongful death attorneys have extensive knowledge and experience handling cases involving a wrongful death action and will guide you through the entire process. We will explain everything you need to know and assist you—from filing a wrongful death claim to ensuring your settlement is paid.

Free Consultation

Get in touch with us today. A skilled wrongful death attorney from our team will review your wrongful death suit, explain your options for seeking fair compensation, and answer any questions you have.