The Difference Between the Illinois Survival Act and Wrongful Death Act

Losing a loved one due to someone else’s negligence is a devastating experience. In Illinois, families seeking justice have two primary legal options: the Illinois Survival Act and the Illinois Wrongful Death Act. Understanding the differences between these laws is essential for pursuing rightful claims and ensuring comprehensive compensation for your losses.

At Taxman, Pollock, Murray & Bekkerman, LLC, we have extensive experience guiding families through these complex legal processes. Our wrongful death attorneys in Chicago are here to help you understand these statutes and secure the justice you deserve.

Overview of the Illinois Survival Act

The Illinois Survival Act under 755 ILCS 5/27-6 allows the estate of a deceased person to pursue claims the decedent could have filed if they had survived. This law focuses on compensating the estate for damages the decedent incurred between the time of the injury and their death. It ensures that the legal rights of the deceased do not end with their passing.

The Survival Act is commonly used in cases where the decedent suffered significant financial or physical harm before succumbing to their injuries. Examples include lengthy hospital stays, lost wages, or pain and suffering.

Types of Recoverable Damages

The damages recoverable under the Illinois Survival Act include:

• Medical expenses – Costs incurred for treatment before the decedent’s death.
• Lost wages – Income the decedent would have earned during their recovery period.
• Pain and suffering – Compensation for physical and emotional distress endured by the decedent.
• Property damage – Reimbursement for any damage to the decedent’s property caused by the incident.

These damages are paid to the decedent’s estate, where they are distributed according to the terms of the will or state intestacy laws under 755 ILCS 5/2-1.

Beneficiaries of the Claim

Unlike the Wrongful Death Act, the Survival Act benefits the decedent’s estate rather than individual family members. The estate is responsible for distributing any awarded compensation based on the decedent’s will or, in the absence of a will, Illinois intestacy statutes as described above.

Overview of the Illinois Wrongful Death Act

The Illinois Wrongful Death Act under 740 ILCS 180 allows surviving family members to seek compensation for their personal losses resulting from a loved one’s death. While the Survival Act addresses damages incurred by the decedent, the Wrongful Death Act focuses on the impact of the loss on surviving relatives.

This law is particularly important for families who depended on the decedent for financial support, companionship, or guidance. It aims to ease the burden of the emotional and financial challenges that often follow a tragic loss.

Types of Recoverable Damages

The damages available under the Illinois Wrongful Death Act include:

• Loss of financial support – Compensation for income and benefits the decedent would have provided.
• Loss of companionship – Damages for the emotional void and relationship loss from the decedent’s passing.
• Grief and mental suffering – Reimbursement for the emotional distress experienced by surviving family members.

These damages are paid directly to the surviving spouse, children, or next of kin. This ensures that the individuals most affected by the loss receive the compensation they are entitled to.

Beneficiaries of the Claim

The Wrongful Death Act prioritizes the decedent’s immediate family members, such as the spouse and children. Compensation is distributed to these individuals rather than the estate, ensuring the financial support directly benefits those left behind.

Key Differences Between the Acts

One of the most significant differences between these laws is the nature of the damages they address:

• The Survival Act focuses on the decedent’s pre-death damages, such as pain and suffering or medical expenses.
• The Wrongful Death Act compensates surviving family members for their post-death losses, including grief and financial support.

The laws also differ in how damages are distributed:

• With the Survival Act, compensation goes to the estate and is distributed according to the will or state intestacy laws.
• With the Wrongful Death Act, damages go directly to surviving family members, prioritizing their immediate financial and emotional needs.

How Long Do I Have to File a Illinois Survival Act or Wrongful Death Claim?

Both the Survival Act and Wrongful Death Act generally have a two-year statute of limitations for filing claims per 735 ILCS 5/13-202. However, exceptions may apply in cases involving violent intentional conduct or when the decedent’s injuries were not immediately apparent.

Can I File Claims Under Both Acts?

It is possible and often well-advised to file claims under both the Survival Act and the Wrongful Death Act simultaneously. While the two laws address different types of damages, they are not mutually exclusive. Your dedicated Chicago personal injury lawyer can help ensure that both claims are pursued so you can maximize the compensation available to your family and the decedent’s estate.

Navigating these claims requires a deep understanding of Illinois law and the unique circumstances of your case. Working with our team can ensure that all potential claims are identified and pursued accordingly. Taxman, Pollock, Murray & Bekkerman, LLC has the knowledge and dedication needed to handle these complex cases meticulously and efficiently.

How Taxman, Pollock, Murray & Bekkerman, LLC Can Help

Successfully pursuing claims under the Illinois Survival Act and Wrongful Death Act requires considerable experience in the Illinois civil claims process. Our firm recognizes the steps that must be taken to file claims within the statute of limitations, gather relevant evidence, and negotiate with opposing parties.

With our guidance, your family can get through these challenges with increased confidence. Taxman, Pollock, Murray & Bekkerman, LLC is committed to providing compassionate and effective representation for families dealing with wrongful death and survival claims. Our team works tirelessly to achieve the best possible outcomes for our clients. It is our goal to preserve and honor your loved one’s memory and ensure justice is served.

Contact a Trusted Illinois Wrongful Death Lawyer for Help Today

The aftermath of losing a loved one is a time of profound grief and pain, but understanding your legal options under the Illinois Survival Act and the Wrongful Death Act can help you determine the best path forward.

At Taxman, Pollock, Murray & Bekkerman, LLC, we are here to guide you through this complex process with empathy, compassion, and decades of trial experience. When you are ready to demand the at-fault party be brought to justice, do not hesitate to fill out our online contact form or call our office to schedule your no-cost, risk-free consultation as soon as today.