28 September, 2024

What Is the Difference Between Wrongful Death and Survival Actions?

Losing a loved one is an incredibly painful experience, compounded by the complex legal landscape surrounding compensation. Navigating these complexities alone can be overwhelming. This is where an experienced attorney from The Horwitz Law Group can help, offering guidance and support while fighting for your rights. In Illinois, family members often seek compensation through wrongful death or survival actions. Though these legal avenues share similarities, they serve distinct purposes. Here, we break down the differences to help you understand your options.

What is Wrongful Death in Illinois?

Wrongful death occurs when someone’s negligence, carelessness or misconduct results in another person’s death. Common incidents that can lead to wrongful death claims include car accidents, truck accidents and construction site accidents. Each of these situations involves someone acting irresponsibly, leading to tragic consequences.

Types of Damages Available

When a wrongful death claim is filed, various types of damages can be pursued:

Economic Damages: These cover the financial contributions the deceased would have made, funeral expenses and medical bills incurred before death.
Non-Economic Damages: Such damages compensate for intangible losses, such as loss of companionship and emotional distress experienced by surviving family members.
Punitive Damages: In certain limited cases, additional costs may be awarded to penalize the defendant for particularly harmful behavior.

Statute of Limitations

In Illinois, wrongful death claims generally must be filed within two years from the date of death. However, if the death resulted from violent intentional conduct, this period is extended to five years.

What is the Illinois Survival Act?

The Illinois Survival Act allows the deceased’s estate to claim damages that the victim could have pursued had they survived. This act ensures that the victim’s rights do not perish with them and provides a means for their estate to seek justice for the harm suffered.

The act helps alleviate some of the financial burdens that often accompany such tragedies by enabling the estate to pursue claims for lost wages, medical expenses, and pain and suffering. It also offers a sense of closure for the surviving family members, allowing them to honor the memory of their loved one by holding accountable those responsible for their suffering.

Compensation under the Survival Act can include:

Lost Earnings: The income the deceased would have earned if they had survived.
Medical Expenses: Costs for medical treatment that the deceased incurred due to the incident.
Damages to Personal Property: Costs to repair or replace any personal property damaged in the incident.
Other Losses: Any other financial losses directly related to the incident.

Consult With a Wrongful Death Attorney

Both the Illinois Wrongful Death Act and the Illinois Survival Act aim to provide justice and compensation to families of wrongful death victims. Understanding the distinctions is crucial in determining the best legal route to take.

At The Horwitz Law Group, we understand the profound impact of losing a loved one and are here to help you navigate these challenging times. If you’re dealing with the aftermath of a wrongful death, contact us for a consultation. Let us help you secure the compensation and justice your family deserves.