Sometimes, an act of medical malpractice results in the patient’s death. When this happens, the patient’s loved ones may seek compensation for their damages caused by the death through a wrongful death claim. Generally, a victim’s spouse or adult child may file a wrongful death claim. If the victim was a minor, his or her parent may file a claim.

If you have lost a loved one as the result of medical malpractice, consider working with an experienced medical malpractice lawyer to pursue compensation through a wrongful death claim.

Compensation for a Wrongful Death Claim Can Cover Any Expenses Related to the Victim’s Death

Illinois law grants juries the right to award any compensation they deem fair and just for the damages suffered by a wrongful death victim’s loved ones. The law goes on to state that this is “including damages for grief, sorrow, and mental suffering, to the surviving spouse and next of kin of such deceased person.”

So which damages can you seek compensation to cover through a wrongful death claim? Generally, loved ones may seek compensation for the following:

• The loss of the victim’s companionship, guidance, and mentorship;
• The loss of the victim’s contributions to your household. In other words, his or her housework duties and efforts to manage the home;
• The loss of the victim’s financial support; and
• Their own emotional trauma and need for mental health services to work through the grief.

Damages for the Victim’s Family versus Damages to the Victim’s Estate

With a wrongful death claim, certain damages are payable to the victim’s loved ones and certain damages are payable to the victim’s estate. Funeral expenses, medical expenses, and lost wages are paid to the victim’s estate whereas damages that directly impact the victim’s loved ones, such as the loss of the victim’s companionship, go to his or her family.

Although the victim’s loved ones are generally the beneficiaries of his or her estate, it is important to note the difference between these two compensation recipients because assets that belong to an individual’s estate pay have to go through the probate process to reach his or her loved ones.

Work with an Experienced Chicago Medical Malpractice Lawyer

When a loved one dies as the result of an act of medical malpractice, his or her family can experience severe emotional and financial devastation. If you have lost a loved one as the result of a physician’s negligence, work with an experienced Chicago medical malpractice lawyer to discuss and pursue a wrongful death claim. In Illinois, surviving family members have up to two years following their loved ones’ deaths to file wrongful death claims. Contact our team at Baizer Kolar, P.C. today to learn more about filing a wrongful death claim during your free legal consultation.