When a victim suffers from injuries after an accident, the right to sue for damages sustained before death may not be available after they pass away under traditional common law principles. Due to this, the surviving family goes through extreme hardships as they are left with funeral and medical expenses for which they are denied compensation. In order to remedy this injustice, several laws, such as the Survival Act and the Wrongful Death Act, have been passed in Illinois to ensure that the surviving family receive adequate compensation for medical expenses and other damages, even if their loved one has passed away.
Survival Actions under Illinois Survival Act
A survival action in a wrongful death lawsuit in Illinois involves all those damages that the victim suffered before they passed away. This includes disability, lost wages, conscious pain and suffering, and medical expenses. For example, if your loved one was hit by a drunk driver and they were admitted in the hospital for a few days before they died, the damages they sustained during that time will be covered under Illinois Survival Act.
The distribution of damages takes place in a different way than wrongful death action. The damages are generally paid out to the deceased’s estate. They become an asset of their estate and are distributed as per the wishes of the deceased in their estate plan.
Wrongful Death Action under Illinois Wrongful Death Act
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The compensation in the wrongful death portion of the lawsuit is awarded to the next of kin of the deceased. However, the court determines the next of kin and may not be someone obvious. Unlike survival action, these damages are not part of the estate of the deceased and are paid directly to the next of kin of the deceased.
Filing a Lawsuit to Bring Wrongful Death and Survival Actions
To get full compensation for the death of your loved one, you should file a wrongful death lawsuit and and seek recovery for damages through both the Survival Act and the Wrongful Death Act. The former will allow you to get compensation for the lost wages and expenses you incurred for the treatment after the accident, while the latter will enable you to recover damages for the loss of your loved one. If the deceased had no estate at the time of death, you may have to set up one to bring a survival action, as the damages are paid to the deceased’s estate.
If you are filing a wrongful death lawsuit, you should consider working with an experienced and reliable attorney who can provide you insights into your case and fight to get justice for your loved one. Contact Mary Ann Covone, P.C., Attorney at Law at 708-246-4911 or online today to schedule a free consultation and discuss your case.