How Are Wrongful Death Claims Different Than Other Personal Injury Claims?

When someone dies from injuries suffered in an accident caused by someone else’s negligence or an intentional act, surviving family members may be able to file a wrongful death claim to seek compensation and accountability. Wrongful death actions differ from personal injury claims in several important ways, which we’ll explore here.

What Is a Wrongful Death Claim?

A wrongful death claim refers to a type of legal action that arises when a person passes away because of another person’s or entity’s negligence or fault. In a wrongful death claim, surviving family members and dependents may pursue compensation for the losses they’ve suffered because of the death. They may also be able to recover money to compensate for the decedent’s accident-related losses. 

How Can It Differ from Traditional Personal Injury Claims?

Some of the ways that wrongful death claims differ from personal injury claims include:

• Who may file the claim – While the injured victim typically files a personal injury claim, a wrongful death claim is instead filed by the personal representative of a decedent’s estate. The personal representative is typically the estate’s executor or administrator (usually a spouse or a family member). However, if no estate is opened for a decedent, the court can appoint a personal representative to pursue the wrongful death claim. The personal representative brings the claim for the exclusive benefit of the decedent’s surviving spouse and next of kin.
• The compensation that can be recovered – In a personal injury claim, an injured victim seeks to recover expenses and losses that they have incurred due to their injuries. These typically include medical expenses, lost wages or earning capacity, physical pain, emotional distress and suffering, and reduced quality of life. However, a wrongful death claim allows recovery not only for losses associated with the decedent’s injury and death but also for personal, intangible losses suffered by the decedent’s surviving family members. These can include statutory damages such as the loss of the decedent’s financial support, as well as loss of the decedent’s society, companionship, and love, and loss of guidance, advice, and instruction that the decedent would have provided. Family members may also recover compensation for their emotional distress and grief. 
• Filing deadline – While personal injury and wrongful death claims have a general two-year statute of limitations, this time begins at different points. In a personal injury claim, the statute of limitations usually begins on the date of the accident. In wrongful death claims, the clock usually begins on the victim’s date of death.

How Salvi, Schostok & Pritchard P.C., Can Help

For over 35 years, our firm has aggressively represented the interests of our clients throughout Illinois. Our track record of recovering more than $1.6 billion in compensation for our clients to date is evidence of that. 

If you and your family have lost a loved one due to injuries they suffered because of the wrongful acts of another party, contact the Chicago wrongful death lawyers of Salvi, Schostok & Pritchard P.C. today for a free, no-obligation consultation. Let our wrongful death lawyers in Chicago help you and your family by:

• Investigating the facts and circumstances of your loved one’s passing to secure evidence for your case
• Identifying the party or parties who can be held liable to compensate your family for your losses
• Calculating the fair and full compensation that your family deserves
• Pursuing a negotiated settlement or taking your family’s claims to court, if needed

Don’t wait. Our compassionate personal injury lawyers are standing by to help. Contact us by phone or online now.