Who is Considered Next of Kin in a Wrongful Death Case in Illinois?

In Illinois, when someone dies due to another party’s negligence or wrongful conduct, the surviving family may pursue a wrongful death lawsuit. A wrongful death claim seeks compensation for the losses suffered by the deceased’s family, including financial support, companionship, and emotional suffering. However, wrongful death cases can be complex, particularly regarding who has the right to bring the lawsuit and who qualifies as “next of kin” to receive compensation. Understanding the concept of next of kin is crucial to navigating a wrongful death case successfully.

In this blog, we’ll clarify who is considered the next of kin in Illinois wrongful death cases, explain how Illinois law prioritizes beneficiaries, and discuss examples of wrongful death cases that illustrate the role of next of kin.

What is a Wrongful Death Case?

Under Illinois law, a wrongful death occurs when a person’s death is caused by the negligent, reckless, or intentional conduct of another. Wrongful death cases can arise from a range of situations, including car accidents, medical malpractice, workplace accidents, and defective products. The Illinois Wrongful Death Act (740 ILCS 180) governs these cases, allowing the deceased’s family to seek damages from the party responsible.

A wrongful death case is filed by the personal representative of the deceased’s estate, typically appointed by the probate court. This representative is often a close family member, such as a spouse, parent, or adult child. However, the next of kin—those closest in line to inherit from the deceased—are typically the primary beneficiaries who receive compensation.

Who Qualifies as Next of Kin in Illinois?

In Illinois, the term “next of kin” is commonly used to refer to the closest blood relatives or legally recognized family members who would inherit from the deceased if there was no will. For purposes of wrongful death claims, the next of kin are generally the surviving spouse, children, and sometimes parents or siblings, depending on the deceased’s familial circumstances. Illinois law prioritizes the deceased’s closest relatives in a specific order.

1. Surviving Spouse and Children

The first priority in Illinois wrongful death cases is given to the deceased’s surviving spouse and children. If the deceased was married and/or had children, these individuals are generally considered the primary next of kin and the primary beneficiaries of any wrongful death settlement or award.

The surviving spouse and children are entitled to compensation for various losses, including loss of companionship, support, and guidance. In cases where both a spouse and children are present, the compensation may be divided among them based on the court’s determination or mutual agreement.

2. Parents of a Minor Decedent

If the deceased was a minor child, Illinois law typically recognizes the parents as the next of kin and primary beneficiaries. In these cases, the parents are entitled to seek compensation for the emotional pain and suffering of losing a child and any related financial losses. Both parents usually share equally in the compensation unless the court decides otherwise based on specific circumstances, such as one parent being estranged or uninvolved.

3. Parents of an Adult Decedent

If the deceased is an unmarried adult without children, the parents may be considered the next of kin. Illinois courts may award damages to the parents for the loss of companionship and emotional suffering. However, if the adult had siblings or other family members who were financially dependent on them, the court may consider those individuals as part of the next of kin entitled to compensation.

4. Siblings and Other Relatives

When the deceased does not have a surviving spouse, children, or parents, other family members, such as siblings, may qualify as the next of kin. While siblings are further down the priority list, they may still be entitled to damages for the loss of companionship and support. In rare cases, if there are no immediate family members, other distant relatives may be considered next of kin, although this is less common in wrongful death cases.

Determining Next of Kin for Damages in Illinois

While the personal representative files the wrongful death case, Illinois law prioritizes compensation to next of kin according to a specific hierarchy. The distribution is guided by both statutory guidelines and the court’s discretion, with priority typically given as follows:

1. Primary Beneficiaries: Spouse and children, or parents in the case of a minor’s death.
2. Secondary Beneficiaries: Parents in the case of an unmarried adult, siblings, or other dependents if there are no primary beneficiaries.
3. Extended Relatives: If there are no immediate family members, more distant relatives may be considered; however, this is unusual.

In many cases, the court will allocate damages based on the specific circumstances of the surviving family members and the losses they’ve endured due to the wrongful death. The court may consider factors such as the age of the deceased, the family’s dependency on the deceased, and the financial needs of the next of kin.

Examples of Wrongful Death Cases Involving Next of Kin

Example 1: Fatal Car Accident Involving a Married Decedent with Children

In one case, a married individual with two young children was killed in a car accident due to the negligence of another driver. The deceased’s spouse filed a wrongful death claim on behalf of the family. As the next of kin, the surviving spouse and children were awarded damages for the loss of companionship, future financial support, and emotional suffering.

In this situation, the compensation was divided between the spouse and the children. The spouse received damages for the loss of marital companionship, while the children were compensated for the loss of parental guidance and support. The court took into account the age of the children and the degree of financial dependence on the deceased parent.

Example 2: Wrongful Death of a Minor Due to Medical Malpractice

In a case involving medical malpractice, the parents of a minor filed a wrongful death claim after their child passed away due to a doctor’s error. Because the deceased was a minor, Illinois law recognized the parents as the next of kin and allowed them to seek damages.

The court awarded damages to the parents for the emotional pain and suffering associated with losing their child, as well as medical expenses. Since there were no other siblings or extended family members with a claim to the settlement, the compensation was divided equally between the two parents.

Example 3: Wrongful Death of an Unmarried Adult with No Children

In a tragic accident involving an unmarried adult without children, the deceased’s parents filed a wrongful death claim. Since the decedent had no spouse or children, the parents were deemed the next of kin and were entitled to compensation.

The damages awarded included loss of companionship and the financial support the deceased had provided to his aging parents. In cases where the deceased has no surviving spouse, children, or parents, the court might look to siblings or more distant relatives as potential next of kin, but in this instance, the parents were closest in the line of inheritance.

Unique Considerations in Illinois Wrongful Death Cases

While Illinois law provides clear guidelines on who qualifies as next of kin, the distribution of damages can still be subject to various factors and circumstances:

1. Dependency and Financial Need: In some cases, the court may consider the financial dependency of surviving family members when determining the distribution of compensation. For example, if an adult sibling was financially dependent on the deceased, the court might consider this sibling as part of the next of kin entitled to damages.
2. Estranged Family Members: In cases where a surviving family member was estranged from the deceased, the court might adjust the distribution of damages to reflect the nature of their relationship. Illinois courts aim to ensure that compensation goes to those who have genuinely suffered due to the wrongful death.
3. Special Circumstances for Minors: In cases involving minors, the court may consider setting up a trust or structured settlement to manage the child’s portion of the award until they reach adulthood. This is intended to safeguard the minor’s financial interests and ensure that compensation is used responsibly.
4. Division of Damages in Blended Families: In blended families, the court might need to determine the distribution of damages among half-siblings. Illinois courts review each case individually and aim to create fair distributions that reflect the relationships and dependencies involved.

Contact the Illinois Wrongful Death Lawsuit Attorneys at John J. Malm & Associates

In Illinois, the concept of “next of kin” plays a crucial role in wrongful death cases, determining who is eligible to receive compensation and how that compensation is distributed. Understanding who qualifies as next of kin—and how Illinois law prioritizes different family members—can provide clarity in a difficult time and help families make informed decisions when pursuing justice for their loved one.

At John J. Malm & Associates, our top-rated Illinois wrongful death lawyers are dedicated to guiding families through wrongful death claims with compassion and expertise. If you have questions about next of kin, compensation, or the wrongful death claims process, contact us today for a free consultation. We are here to support you and your family in pursuing justice and the best possible outcome.