Illinois’s legal system provides specific remedies for families seeking justice after the untimely death of a loved one due to someone else’s negligence or misconduct. Plaintiffs can pursue two key legal claims in such situations: wrongful death and survival actions. While these terms might seem interchangeable, they represent distinct legal avenues with unique purposes and implications.
Wrongful death action is for the family
A wrongful death action is a legal claim filed by the surviving family members or representatives of the deceased person. Its primary aim is to compensate the family for the losses they have suffered due to their loved one’s death. These losses can be both economic and non-economic.
Economic damages include tangible losses such as lost wages and benefits that the deceased would have provided to their family as well as funeral and burial expenses. Non-economic damages, on the other hand, compensate for the emotional pain and suffering experienced by the surviving family members. The damages include loss of companionship, guidance, and support.
The Illinois Wrongful Death Act governs these claims. It allows the deceased’s personal representative to file a lawsuit on behalf of the surviving spouse, children or next of kin. The compensation awarded is intended to support financially dependent family members of the deceased, providing them with financial stability in the wake of their loss.
Survival action is for the victim
While a wrongful death action focuses on compensating the family, a survival action centers on the rights of the deceased individual. It allows the deceased’s estate to pursue claims that the deceased person could have filed had they survived. Essentially, this action “survives” the individual’s death, hence the name.
Under the Illinois Survival Act, damages in a survival action cover the pain and suffering the deceased experienced before passing, medical expenses incurred because of the injury or illness that led to their death, and lost wages from the time of the injury to the time of death. Unlike wrongful death claims, survival actions address the harm suffered directly by the deceased rather than the family. These actions are often preferable if the deceased greatly suffered before their death.
Breaking down the key differences
The primary difference between wrongful death and survival actions lies in who the claims intend to benefit and what losses they address. Wrongful death actions support the family left behind, compensating them for their personal and financial losses. In contrast, survival actions seek to address the suffering and economic losses the deceased endured before their death, with any awarded damages becoming part of the deceased’s estate.
Both wrongful death and survival actions play crucial roles in providing justice and compensation following a tragic loss. The statute of limitations for both wrongful death and survival actions is two years, except in wrongful death cases with intentional violent intent, which can extend to five years. For fair compensation, the decedent’s family members may need to pursue both a wrongful death and a survival actions. Those with questions can contact an experienced personal injury attorney in Illinois that handles both types of claims.