If your family is facing the unimaginable loss of a loved one, understanding how a wrongful death settlement is calculated is a critical part of seeking justice. In Illinois, most wrongful death claims are resolved through settlements rather than trials, allowing families to receive compensation without enduring the emotional toll of a courtroom battle.
When deciding whether to accept a wrongful death settlement, there are several important factors to consider. Most importantly, you need to know whether the settlement offer is fair and reasonable under the circumstances at hand. This means that you need to have a clear and comprehensive understanding of the damages your family is entitled to recover.
Calculating a wrongful death settlement is a multi-step process—and it is a process that will be challenging at times. While we generally talk about settlements in terms of what constitutes “just” compensation, no amount of money can truly compensate for the loss of a loved one. But, the reality is that losing a loved one in a fatal accident can have significant and long-term financial costs, and it can impact your life in other ways that you could not have previously imagined. As a result, it is important to seek the damages to which your family is entitled under Illinois law.
Broadly speaking, these damages fall into three categories. Grieving families are entitled to economic and non-economic damages in all cases. These are the damages that are intended to provide financial compensation for the loss of a loved one. In some cases, grieving families will be entitled to punitive damages as well. While economic and non-economic damages provide compensation, punitive damages are intended to punish the defendant and help make sure the defendant never makes the same mistake again.
Economic damages provide compensation for all of the direct financial costs resulting from a loved one’s untimely death. When considering a wrongful death settlement, it is critical to ensure that the settlement includes adequate compensation for your family’s costs including:
Non-economic damages provide compensation for all of the other ways that a loved one’s untimely death impacts eligible family members’ lives. In appropriate cases, eligible family members can seek compensation for their loved one’s non-economic losses (i.e., pain and suffering) prior to death as well. When considering a wrongful death settlement, it is also critical to ensure that the settlement includes adequate compensation for:
Unlike economic and non-economic damages, punitive damages are not intended to compensate eligible family members for their losses. They also are not available in all cases. Instead, they are intended to punish the at-fault party (or parties) in cases involving particularly egregious conduct. Unlike some other states, Illinois does not have a cap on punitive damages; and, when punitive damages are warranted, awards are typically calculated as a multiple of the compensatory damages included in a family’s settlement.
While several factors can impact the “multiplier” in punitive damages calculations, the most significant factor is typically the severity of the defendant’s conduct. The more severe—and the more it shows a disregard for the value of human life—the larger the multiplier. With that said, every case is unique; and, if your family needs to seek a wrongful death settlement, it will be important for you to work closely with an experienced attorney who can help make sure your family does not settle for less than it deserves.
This last point is critically important—every family’s circumstances are unique, and it is the unique aspects of a case that will determine what constitutes a “just” settlement. Ultimately, you and your loved ones will need to decide what you are willing to accept in terms of a wrongful death settlement, and then you will need to rely on your family’s lawyer to fight for this settlement amount on your behalf.
Losing a loved one is devastating, and while no amount of money can truly make things right, a fair wrongful death settlement can provide the financial stability your family needs to begin healing. At our firm, we understand the emotional weight you carry and the importance of getting answers and justice. Our legal team is committed to handling your case with compassion, transparency, and a fierce determination to recover everything you are entitled to under the law.
We are here to support you at every step of the legal process. If you’re ready to learn more about your options and how a settlement could help your family move forward, reach out to us today.
Call 312-982-0588 or contact us online for a FREE, no-obligation case evaluation with an experienced Chicago wrongful death attorney. We help clients across Illinois, including Chicago, Oak Park, Rockford, and other areas.
