What Are Damages in an Illinois Wrongful Death Case?

 Posted on January 20, 2026 in Car Accidents

In an Illinois wrongful death case, damages are the losses surviving family members may recover after a loved one dies because of someone else’s actions or carelessness. As of 2026, these damages are meant to help families deal with the financial and personal impact of the loss. They are not automatic, but they are a key part of most wrongful death claims.

Car accidents make up a large number of wrongful death cases in Illinois and across the country. In a 2025 release, the National Highway Traffic Safety Administration reported that 39,345 people died in traffic crashes in the United States during the previous year. When someone else was directly responsible for those accidents, the families likely could file wrongful death claims.

If you are dealing with the loss of a loved one, a Chicago, IL wrongful death lawyer can help you understand what compensation may apply in your case.

What Does Illinois Law Say About Wrongful Death?

Illinois law allows certain family members to seek compensation when a death is caused by another person’s actions or carelessness. These cases are governed by two related laws that work together but serve different purposes.

The Illinois Wrongful Death Act (740 ILCS 180) allows surviving spouses and next of kin to recover damages for the losses they suffer because of the death. The Illinois Survival Act (755 ILCS 5/27-6) addresses a different issue. It allows the estate to recover damages the deceased person could have pursued if they had survived.

Together, these laws explain both who can bring a wrongful death case and what types of damages may be available.

What Types of Damages Are Available in an Illinois Wrongful Death Case?

Every case is different, but Illinois law allows families to seek compensation for both financial and personal losses. Common damages include:

• Loss of financial support that the deceased would have provided

• Loss of companionship, care, and guidance

• Funeral and burial expenses

• Medical bills related to the final injury or illness

• Pain and suffering experienced before death under the Survival Act

Each type of damage must be supported by evidence showing how the loss affected surviving family members.

What Types of Accidents Commonly Lead to Wrongful Death Claims in Illinois?

Wrongful death claims can arise from many different types of accidents. These cases often involve situations where a person was killed because reasonable care was not taken. Some accidents are more common than others in Illinois.

In addition to motor vehicle accidents, common incidents that may lead to wrongful death claims include:

• Workplace accidents, such as falls, equipment failures, or construction site incidents

• Medical errors, including surgical mistakes or delayed diagnoses

• Nursing home neglect or unsafe living conditions

• Defective or dangerous products

• Serious falls on unsafe property

In Cook County and throughout Illinois, fatal accidents often involve more than one contributing factor. Identifying how the accident happened and who may be responsible is an important early step in determining whether a wrongful death claim may apply.

Who Can Recover Damages in an Illinois Wrongful Death Claim?

Damages are recovered for the benefit of the surviving spouse and next of kin. This often includes children and, in some cases, parents or other close relatives.

Courts look at the relationship between the deceased and each family member. For example, the loss suffered by dependent children may be viewed differently from the loss suffered by adult relatives. When more than one family member is involved, damages are divided based on each person’s loss.

How Are Wrongful Death Damages Calculated in Illinois?

Illinois does not use a set formula to calculate wrongful death damages. Instead, courts and insurance companies look at practical details about the person who died and their family.

Common factors include:

• The deceased person’s age, health, and life expectancy

• Their work history, income, and future earning ability

• How many family members depended on them, and for how much support

• The closeness of family relationships

In Cook County cases, records such as tax returns, work records, medical files, and family statements often help show the full impact of the loss.

Are There Limits on Damages in Illinois Wrongful Death Cases?

Illinois does not place a general limit on wrongful death damages. This allows compensation to reflect the unique facts of each case.

Still, insurance companies often challenge damages tied to emotional loss or companionship. Clear records and careful preparation are important to support these claims.

Schedule a Free Consultation With Our Chicago, IL Wrongful Death Attorney

If you have lost a loved one and need help understanding what damages may be available, a Chicago, IL wrongful death lawyer can explain your options. At Winters Salzetta O'Brien & Richardson, LLC, we use a team-based approach. Our attorneys come from different professional backgrounds. We work together to review evidence, plan strategy, and move cases forward carefully and efficiently.

Call 312-236-6324 to schedule your free consultation and learn how an Illinois wrongful death claim may help support your family.