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.comYou 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