How Are Damages Proven In A Wrongful Death Lawsuit?

Wrongful death cases arise when someone dies due to another party’s negligence or intentional harm. Families of the deceased are entitled to pursue compensation for both financial losses and emotional suffering. Proving damages in fatal accident cases requires a deep understanding of economic and non-economic losses, as well as the potential need for expert testimony to support these claims. At John J. Malm & Associates, with offices in Naperville and St. Charles, our dedicated Illinois wrongful death lawyers work to help families secure the compensation they deserve for the devastating impact of losing a loved one.

What Is a Wrongful Death Case?

A wrongful death claim occurs when an individual dies due to the negligence or misconduct of another person or entity. According to the Centers for Disease Control and Prevention (CDC), common causes of fatal accidents include medical malpractice, car accidents, and workplace injuries. Under the Illinois Wrongful Death Act (740 ILCS 180/1), immediate family members, such as spouses, children, and parents, may file claims to recover damages.

Types of Damages in a Wrongful Death Case

In wrongful death cases, families can seek both economic and non-economic damages to address the financial and emotional impact of the loss.

Economic Damages

Economic damages compensate for the measurable financial losses caused by the death. These may include:

• Medical Expenses: The family can seek reimbursement for medical bills incurred before the deceased’s passing. Research shows that medical costs in serious injury cases can be substantial, particularly when prolonged care is involved.
• Funeral and Burial Costs: Families may be compensated for funeral and burial expenses, which can be a significant financial burden.
• Loss of Financial Support: The loss of the deceased’s income, particularly if they were the family’s primary breadwinner, can be devastating. Courts evaluate factors such as the deceased’s earning capacity and life expectancy when determining the value of lost financial support. The Social Security Administration (SSA) provides useful data on life expectancy to help estimate these losses.
• Loss of Benefits: Families may also recover compensation for the loss of health insurance, pension plans, and retirement benefits that the deceased would have provided over time.

Non-Economic Damages

Non-economic damages compensate for the emotional toll the family suffers due to the wrongful death. These include:

• Loss of Companionship: The death of a spouse or parent can cause profound emotional suffering. Families can seek damages for the loss of companionship, affection, and guidance.
• Loss of Consortium: Spouses may claim damages for the loss of emotional support, companionship, and intimacy that the deceased would have provided.
• Grief and Sorrow: Surviving family members can be compensated for the grief and sorrow they experience after losing a loved one. This includes the emotional pain, distress, and sadness caused by their loved one’s death. Illinois law recognizes these profound emotional impacts and allows families to seek recovery for the emotional suffering that follows the loss.

How are Damages Proven in a Wrongful Death Case?

Proving damages in an Illinois wrongful death lawsuit requires gathering detailed evidence and expert testimony to demonstrate the financial and emotional impact of the deceased’s death.

Financial Documentation

To prove economic damages, families must present financial records such as pay stubs, tax returns, and medical bills. Expert testimony from financial analysts may be needed to calculate future lost wages and benefits, helping the court understand the long-term financial impact of the death.

Expert Testimony

Experts are crucial in wrongful death cases, particularly in proving both economic and non-economic damages. For instance, economists can project lost income, while medical experts may discuss the deceased’s pain and suffering.

Emotional and Psychological Impact

To prove non-economic damages, families must demonstrate the emotional and psychological toll of their loss. Statements from family members, friends, and mental health professionals, as well as psychological evaluations and therapy records, may be used to establish the depth of emotional suffering experienced by the surviving family.

Legal Support for Illinois Families in Wrongful Death Cases

At John J. Malm & Associates, our top-rated Illinois wrongful death attorneys have extensive experience helping families secure compensation after the death of a loved one. We understand the financial and emotional toll these cases take on families, and we are committed to providing the legal support necessary to pursue justice and secure compensation.

Steps to Take After a Wrongful Death/Fatal Accident

If you have lost a loved one due to someone else’s negligence, consider the following steps:

1. Seek Legal Representation: Contact an experienced Illinois wrongful death attorney to guide you through the legal process.
2. Gather Documentation: Collect financial records, medical bills, and other evidence relevant to the incident.
3. File a Claim: In Illinois, wrongful death claims must be filed within two years of the death, so it’s important to act promptly.

“In a wrongful death case, the law allows families to seek compensation for the financial support, love, companionship, and care lost, as well as the grief and sorrow caused by their loved one’s passing. We work to ensure families receive full compensation for both the tangible and emotional impact of their loss.” — John J. Malm, Naperville wrongful death attorney

Contact the Top-Rated Illinois Wrongful Death Lawyers at John J. Malm & Associates for Wrongful Death Representation

At John J. Malm & Associates, we are here to help families throughout Illinois secure the compensation they deserve after the wrongful death of a loved one. With offices in Naperville and St. Charles, our dedicated Illinois fatal accident attorneys provide compassionate legal representation to guide you through this difficult time. Contact us today for a free consultation.