What Is the Difference Between a Wrongful Death Claim and a Survival Action in Illinois?

 Posted on January 26, 2023 in Personal Injury

Losing a loved one in an accident brings not only deep sadness and grief but also a sense of injustice - especially if the death of a family member occurred as the result of another’s negligence. When an Illinois resident dies due to someone else’s carelessness, legal options may be available for the surviving family members.

The two primary types of legal claims that can be brought by a decedent’s family are wrongful death claims and survival actions. Both are means of pursuing monetary damages after an avoidable death.

Taking Legal Action Under the Illinois Wrongful Death Act

Under the Illinois Wrongful Death Act, a wrongful death claim can be brought by the representative of the deceased person's estate. The purpose of this action is to seek compensation for losses related to the death. Compensation may be available for:

• Lost financial support – The deceased may have provided financial support to his or her family. A wrongful death claim can help the family recover compensation for lost wages and benefits due to the untimely death.
• Loss of companionship and society – Wrongful death claims can also seek damages for emotional losses suffered by the decedent's surviving family members. This includes the loss of companionship and society, comfort, guidance, love, care, protection, and affection.
• Grief and suffering – Compensation may be available for the emotional pain and suffering of the deceased's immediate family members.

Bringing a Survival Action in Illinois

A survival action is different from a wrongful death claim because it seeks compensation for the damages the victim experienced prior to his or her death. This type of legal action may also be brought by the deceased person's representative.

Compensation may be available for the victim's:

• Medical expenses – Emergency room treatment, hospital care, and other medical treatment the deceased person received between the time of the accident and his or her death can lead to enormous medical bills. A wrongful death claim may allow the family to recover compensation for these expenses. 
• Lost wages – Income the deceased person missed out on between the accident and his or her death may be recoverable.
• The victim's pain and suffering – A survival action may be able to recover damages for the pain and suffering experienced by the victim prior to his or her death.
• Property damages – Compensation for any damage to the victim's property may also be sought in a survival action.

Damages recovered through a survival action are paid to the deceased person's estate.

Contact our Lombard Wrongful Death Lawyer

At Mevorah & Giglio Law Offices, our experienced Naperville wrongful death attorneys are here to help you take legal action if a family member was killed due to another’s negligence. We understand how overwhelming this time can be, and we are here to provide you with compassionate legal support. Our knowledgeable attorneys have a wealth of experience with wrongful death and survival actions, and we can help you seek the justice and compensation you deserve. Call 630-932-9100 for a free consultation.

Source:

https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2059&ChapterID=57