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HomeBlogWrongful DeathHow Is Compensation Calculated in Wrongful Death Cases?

How Is Compensation Calculated in Wrongful Death Cases?

Losing a loved one due to the carelessness or recklessness of another person is a devastating experience for which there is no real solution. No amount of money could ever replace your family member. Yet, the loss of a main provider can make financial compensation through a wrongful death case a necessary part of protecting your family’s future.

When a fatal accident is caused by another’s negligence, Illinois courts calculate wrongful death compensation by looking at several different factors. A fair settlement often includes:

  • Lost income and future earnings
  • Lost employment benefits and pensions
  • Compensation for medical and funeral costs
  • Lifetime contributions and noneconomic damages

At The Horwitz Law Group, we treat every client like a member of our own family. We understand how incredibly difficult these cases are for surviving family members, and we are here to shoulder the legal burden for you and help your family find ways to move forward.

How Does Lost Income Factor into Wrongful Death Compensation?

The financial strain of losing a primary earner can overwhelm a grieving family. Courts look at the wages the deceased person would have earned if they had lived to a normal life expectancy. This calculation usually involves evaluating their age, health, education and career trajectory.

A dedicated personal injury lawyer can assist you in gathering past tax returns, pay stubs and expert economic testimony to help prove these future financial losses. We will help the court understand the full earning potential of your loved one, ensuring your family does not suffer severe financial hardship because of an untimely death.

Are Benefits Considered Part of Wrongful Death Compensation?

Financial compensation can go far beyond a standard base salary. A comprehensive wrongful death claim should account for the total value of lost employment benefits. These critical financial assets may include health insurance coverage, retirement pensions and 401(k) matching contributions. If the deceased person provided health insurance for the entire family, the out-of-pocket cost of replacing that medical coverage can become a significant part of the total settlement. A lawyer can properly calculate these hidden financial losses and present them accordingly to the insurance company or the jury.

How Are Medical and Funeral Bills Compensated?

When a loved one passes away due to someone else’s negligence, their final medical bills can be a significant financial burden. A wrongful death claim also allows you to pursue full compensation for all medical expenses incurred as a result of the fatal injury. This can include every cost from the moment of the incident until their passing, such as:

  • Emergency transportation and ambulance fees
  • Emergency room treatment
  • Surgical procedures and medications
  • Hospitalization and intensive care unit (ICU) stays

Compensation in wrongful death cases can cover funeral-related expenses as well.

What Lifetime Contributions Are Considered in Wrongful Death Cases?

Under the Illinois Wrongful Death Act, juries may give damages they “deem a fair and just compensation,” including noneconomic damages. What exactly does this mean for your family? It means the law recognizes the profound emotional impact of your loss.

Courts often consider the following among lifetime contributions and noneconomic damages:

  • Loss of companionship, guidance and society
  • Grief, sorrow and mental suffering
  • Loss of consortium for a surviving spouse

We understand the immense pain of losing a loved one and having to sort through these legalities. Our legal team is here to help you navigate the logistics of this highly emotional process.

You Can Seek the Financial Support Your Family Needs

Obtaining fair compensation for damages in a wrongful death case is not an easy process legally or emotionally. You need a dedicated legal team to fight for your rights, and the lawyers of The Horwitz Law Group will stand up and fight for you. We know that you did not choose the circumstances that brought you to us. However, choosing the right lawyer can make a massive difference for your family’s future.

We are dedicated to being a steadfast support for our clients and pursuing positive results for every case. Do not hesitate to call us today at 312-641-9200 or schedule a free consultation online so we can help you find the justice your family deserves.

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Case Results

$12,900,000.00

for a woman who was killed while crossing a street in the crosswalk with the walk light illuminated.

$7,000,000.00

for a motor vehicle wrongful death case.

$5,300,000.00

for a 75-year-old woman who suffered an above the knee amputation due to being run over by a private school bus.

$4,500,000.00

for a young lady who was run over by a private waste hauling company while crossing the street.

$3,600,000.00

for a trucking accident resulting in the death of the driver.

$3,000,000.00

for a 70 year old man who died, without any living relatives, seven months after being hit by a car while crossing the street.

$2,300,000.00

for a client whose family was killed by a street sweeper that ran a red light.

$2,100,000.00

for a client injured in a 2005 Metra train derailment case.

$1,600,000.00

for a minor rear-ended on an expressway in Kankakee.

$1,400,000.00

for a premises liability accident resulting in below the knee amputation.

$1,200,000.00

for a woman who was hit by a car while crossing the street.

$1,197,000.00

for a client who was injured on the CTA red line train.

$1,000,000.00

for two clients injured while passengers in a ride share vehicle.

$1,000,000.00

for family of a dog bite victim.

$900,000.00

for a bicyclist hit by a car.

$800,000.00

for a passenger injured in a rideshare rollover accident.

$750,000.00

for a rideshare accident injury.

$600,000.00

for a low-speed rear-end accident.

$500,000.00

for injuries in a van accident pulling a trailer.

$500,000.00

for a minor injured in a ride-share accident.

$495,000.00

for a pedestrian injured due to a sidewalk defect.

$350,000.00

for a passenger injured in a rideshare rollover accident.

$289,000.00

for a driver injured in an auto accident.

$270,000.00

for injuries from a right-turning truck.

$260,000.00

for a family injured in an auto accident.

$255,000.00

for a law enforcement officer rear-ended by a truck.

$250,000.00

for a motorcyclist rear-ended.

$233,000.00

for an individual injured by a dog.

$225,000.00

for a bicyclist hit by a car while crossing the street.

$201,000.00

for a driver rear-ended on the expressway.

$175,000.00

for a client who had lawyers at another law firm trying to settle the accident case for only $60,000.

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