Why a Family May Choose to Bring a Lawsuit for Wrongful Death

Losing a loved one is one of the most painful experiences a family can endure, especially when the death is unexpected and caused by the negligent or wrongful actions of another person or entity. In these tragic circumstances, families may choose to pursue a wrongful death lawsuit as a way to seek justice and financial compensation. While no amount of money can replace a loved one, a wrongful death claim serves multiple purposes for the grieving family, providing emotional closure, financial stability, and holding responsible parties accountable.

At John J. Malm & Associates, our Illinois wrongful death attorneys understand the emotional and financial toll that wrongful death can have on a family. We work diligently to help families navigate the legal process and pursue justice for their loved ones. In this blog, we will explore the primary reasons why families bring a wrongful death lawsuit, the legal basis for these claims, and how they can help survivors recover from their devastating loss.

What Is a Wrongful Death Lawsuit?

A wrongful death lawsuit is a civil claim brought by the surviving family members or representatives of a deceased person against the party responsible for their death. The purpose of the lawsuit is to hold the wrongdoer accountable for their actions and to seek financial compensation for the survivors’ losses.

Under Illinois law, a wrongful death claim arises when a person’s death is caused by the wrongful act, negligence, or misconduct of another party. These claims can be brought in various circumstances, including:

• Car accidents caused by a reckless or negligent driver
• Medical malpractice resulting from the failure of a healthcare provider to provide adequate care
• Defective products that cause fatal injuries due to design or manufacturing flaws
• Workplace accidents where safety violations or negligence lead to a worker’s death

Illinois’ Wrongful Death Act (740 ILCS 180) allows surviving family members, such as spouses, children, and parents, to bring a wrongful death lawsuit. The purpose is to provide financial support to the decedent’s surviving family members and hold those responsible accountable.

The Wrongful Death Act says:

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. In every such action the jury may give such damages as they shall deem a fair and just compensation with reference to the pecuniary injuries resulting from such death, including damages for grief, sorrow, and mental suffering, and punitive damages when applicable, to the surviving spouse and next of kin of such deceased person.

Seeking Justice and Accountability

One of the most compelling reasons families bring a wrongful death lawsuit is to seek justice and hold the responsible parties accountable. When someone’s life is cut short due to the negligence or recklessness of another, it often feels as though justice has not been served. Criminal charges may not be pursued, or the responsible party may face minimal consequences. A civil lawsuit provides a way for families to demand accountability through the legal system.

In a wrongful death lawsuit, the family must prove that the defendant’s negligent or wrongful conduct directly led to the decedent’s death. This process allows the family to present evidence, highlight the wrongdoer’s actions, and demonstrate how their loved one’s death could have been prevented. For many families, this step provides a sense of closure, as it holds the wrongdoer responsible in a public, legal forum.

“A wrongful death claim is about more than financial compensation. It’s about ensuring that those responsible are held accountable and that no other family endures the same pain,” says Illinois wrongful death attorney, John J. Malm.

Financial Compensation for the Family’s Losses

Another critical reason for bringing a wrongful death lawsuit is to seek compensation for the financial losses that result from the death. The sudden loss of a family member often leaves survivors facing significant economic challenges, especially if the deceased was a primary earner. A wrongful death claim can help alleviate these financial burdens by compensating the family for the following losses:

• Lost income: The deceased’s family may be entitled to recover the wages and benefits the individual would have earned if they had lived. This includes compensation for lost future earnings, which can be crucial for families who relied on the decedent for financial support.
• Medical expenses: If the deceased incurred medical expenses related to the accident or injury that ultimately led to their death, the family can seek reimbursement for those costs in a wrongful death claim.
• Funeral and burial expenses: The cost of funeral and burial services can place an additional financial strain on grieving families. A wrongful death lawsuit allows the family to recover these expenses.
• Loss of inheritance: In cases where the decedent’s death has deprived their family of an expected inheritance, the surviving relatives may be able to seek compensation for this loss.
• Loss of benefits: Families may lose access to health insurance, pension benefits, or other employment-related benefits as a result of the decedent’s passing. A wrongful death lawsuit can address the loss of these benefits.

By recovering these economic damages, the family can regain financial stability and move forward, knowing that the wrongdoer has been held financially accountable for their actions.

Compensation for Non-Economic Losses: Grief, Loss of Companionship, and Emotional Pain

In addition to economic damages, wrongful death lawsuits also allow families to seek compensation for non-economic losses, which are often more difficult to quantify but just as important. These losses include:

• Grief and mental anguish: The emotional suffering caused by the death of a loved one is profound and lasting. A wrongful death lawsuit provides a way for families to seek compensation for the mental anguish they have experienced due to their loss.
• Loss of companionship and consortium: Surviving spouses and children often experience a deep sense of loss when a loved one dies. Compensation for loss of companionship, affection, guidance, and emotional support is a crucial aspect of a wrongful death claim.
• Loss of parental guidance: When a parent dies, their children are deprived of the love, guidance, and emotional support that only a parent can provide. A wrongful death claim can address this loss, ensuring that the surviving children are compensated for the absence of their parent in their lives.

These non-economic damages aim to provide some measure of relief to the survivors, recognizing that the loss of a loved one goes beyond financial implications and impacts the emotional and psychological well-being of the family.

Preventing Future Harm

Another important motivation behind wrongful death lawsuits is the potential to prevent future harm. By holding individuals or companies accountable for their negligence, families can send a message that carelessness and disregard for safety will not go unpunished. In some cases, a successful wrongful death claim may result in systemic changes that improve safety for others, such as stricter safety protocols, improved product designs, or better regulatory oversight.

For example, a wrongful death lawsuit against a negligent trucking company may result in the company revising its safety practices to prevent future accidents. Similarly, a successful medical malpractice claim may lead to changes in hospital policies to prevent future errors. In these ways, a wrongful death lawsuit can have a broader impact, making the world safer for others and ensuring that the tragedy does not happen again.

Providing Emotional Closure and Validation

For many families, the emotional and psychological toll of losing a loved one to wrongful death is profound. Grief, anger, and a sense of injustice can be overwhelming, particularly when the death was preventable. Filing a wrongful death lawsuit allows families to take action and seek answers about what happened to their loved one.

The legal process gives families an opportunity to present their case, hear from witnesses, and confront the wrongdoer in court. While the legal process cannot undo the harm, it can provide emotional closure and a sense of validation for the family. Knowing that the wrongdoer has been held accountable can help survivors find peace and begin the healing process.

Conclusion

Families bring wrongful death lawsuits to seek justice, accountability, and financial compensation for the devastating losses they have endured. While no lawsuit can bring back a loved one, it provides a way for families to hold those responsible accountable, seek financial stability, and ensure that similar tragedies are prevented in the future.

At John J. Malm & Associates, we are dedicated to helping families navigate the legal complexities of wrongful death claims and securing the compensation they deserve. If you have lost a loved one due to someone else’s negligence, contact our experienced wrongful death attorneys in Naperville or St. Charles for a free consultation. We are here to guide you through this difficult time and help you pursue justice for your family.