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There are no words that sufficiently express the pain of losing a loved one in a motorcycle accident. It is simply devastating. When your family’s finances are dramatically impacted by this loss, the resulting fallout often makes an already painful time that much harder. At The Horwitz Law Group, we have spent decades helping Chicago families pursue the compensation they need to move forward after a tragedy like this.
If you are wondering what damages may be available in this situation, they can include:
These generally consist of more specific types of damages that are separated into economic and non-economic compensation.
Damages in fatal accident cases generally fall into two categories.
Economic damages cover measurable financial losses, such as:
Non-economic damages address harder to quantify but still equally real losses, such as:
In rare cases involving especially reckless or intentional conduct, punitive damages may also apply as a means of punishing the at-fault party.
Under the Illinois Wrongful Death Act, a personal representative of the deceased may bring a claim when death results from another party’s wrongful act, neglect or default. This type of claim exists to compensate surviving family members for the losses caused by their loved one’s death.
Illinois law allows the jury to award damages that are fair and just, including compensation for medical and funeral expenses along with grief, sorrow and mental suffering. In general, this claim must be filed within two years of the date of death, though exceptions exist for deaths caused by certain violent or intentional acts.
While a wrongful death claim addresses losses experienced by the family, a survival action addresses losses experienced by the victim before death, similar to a personal injury case had the individual survived. This may include:
A survival action may be filed on behalf of the deceased person’s estate, and any compensation recovered becomes part of that estate.
Under Illinois law, compensation in wrongful death cases is distributed to the “surviving spouse and next of kin,” with the amount awarded to each based on their degree of dependency on the deceased. If there is no surviving spouse or next of kin eligible for recovery, damages may instead go toward covering hospital, medical and burial expenses, along with the cost of administering the estate.
Because dependency and distribution often involve complex calculations, an experienced attorney’s guidance can help ensure that each eligible family member receives a fair share of any settlement or verdict.
No amount of compensation can ever undo the loss of a loved one. Pursuing a wrongful death or survival claim may, however, help ease financial strain and provide a measure of accountability. At The Horwitz Law Group, we bring decades of trial experience and a personal, compassionate approach to every case that we handle, understanding both the weight of your case and the stakes for your family.
If your family has lost a loved one in a motorcycle accident, contact The Horwitz Law Group today for a free consultation. We are here to answer your questions and fight for your family.
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