Wrongful Death

    The death of a loved one is a traumatic event.  It is hard to focus on your rights at such a trying time.  There is a short time for recovery and it is very important that you have an experienced lawyer working to protect your rights.  Let me worry about the legal issues and the insurance companies while you grieve and adjust to your new life.
    Illinois Compiled Statute for Wrongful Death


    The Wrongful Death Act is not a statute known as a survival statute.  It is a statute that creates an independent cause of action in the decendant's next of kin for damages which resulted from the death of a person.  The statute was enacted in 1853 and section 1 has remained unchanged in 155 years.

    To sue under this statute, the act which caused the death of a person must have been caused by strict liability or negligence.  The essential elements required in order to recover under the wrongful death are:
1.  A duty by the defendant owed to the deceased person;
2.  A breach of said duty;
3.  Damages which were a direct and proximate cause of said breach of duty;
4.  Actual damages.

    The cause of action under the Wrongful Death Act is premised on the negligence, or wrongful act not merely on the death itself.  The source of the wrongful act element is law outside of the Wrongful Death Act.  Another words, acts or neglect that which would be actionable under Illinois tort law when they cause a personal injury would be actionable under the Wrongful Death Act if they cause the death. 

Every action brought under the Wrongful Death Act must be brought in the name of the deceased person's personal representative.

Damages

The surviving spouse is entitled to benefits that would have been received by the deceased person had he survived including loss of support, loss or consortium and loss of society.
There is no statutory limit on the amount of recovery for wrongful death.
One form of damage is called Pecuniary Injuries.
Pecuniary injuries encompass a very broad range of losses suffered by the beneficiaries of the deceased.  The Illinois Supreme Court defined pecuniary injuries as " what the life of the deceased was in a pecunieary sense worth to them, and such loss is to be determined from the proof of the personal characteristics of the deceased, his prospects in life, his mental and physical capacity, his habits of industry and sobriety, and the amount of his usual earnings, as proof of what he might in all probability earn for the future support of his wife and children.  The amount to be recovered is the pecunieary value of such addition to his estate as the deceased in reasonable probability would have made and left if his death had not been wrongfully caused."  Wilcox v. Bierd, 330 Ill. 571, 162 N.E. 170, 175 (1928).
The trend of the courts in Illinois in recent years has been to expand the scope of pecuniary injuries to better take into account nonmonetary losses.

Please contact me immediately to protect your rights.

Peter M. LaSorsa
309-712-1145
or
312-505-5038
pmllaw@yahoo.com

You can call seven days a week 24 hours a day.
I have two offices to better serve you. Contact me at either address, by phone or email.
Mapleton Office                            Chicago Office
7109 S. Ridgebrook Dr.                1 South Dearborn
Mapleton IL 61547                        Suite 2100
                                                     Chicago IL 60603