When a Child is the Victim in an Illinois Wrongful Death Claim

Losing a child due to an accident is one of the worst tragedies anyone can suffer. When negligence, carelessness, a product defect, recklessness, or intentional misconduct is the cause – the effects can be overwhelming. There is no price that compensates the loss of a child. Still, a skilled Chicago wrongful death lawyer can guide you through the litigation process and help you obtain a measure of justice by fighting to get you an appropriate settlement or jury award. When a child’s death results from negligence, it is essential that the responsible parties are held accountable for their actions to avoid continued misconduct in the future and to deter others from making the same fatal mistakes.

Wrongful death and survival actions

Illinois allows the personal representative of the child’s estate, normally a parent, to bring a legal claim against all responsible parties. In a wrongful death action, the personal representative will normally bring the claim on behalf of the parents. The parents are entitled to:

• Compensation for the loss of the child’s family contributions
• Payment for the loss of your relationship with your child
• Compensation for your grief and suffering

Psychologists, psychiatrists, grief counselors, and others may be hired to write a report or testify as to the parent’s suffering and how deep and long-term the loss is.

In a survival action, the personal representative will demand, on behalf of the parents, that the following items be paid:

• Any funeral and burial expenses
• Any medical bills
• Any pain and suffering the child might have endured between the timing of the accident and the time the child passed away.

Parents can also claim wrongful death and survival damages if their child was an adult – if the child was not married and did not have any children. Parents who depended on their children for financial support can demand compensation for lost economic support. Financial experts usually provide a calculation of this amount based on the adult child’s earnings and the reasonable needs of the parents.

Parents may also be allowed to bring a wrongful death claim if the child was not born yet – but was viable outside the womb.

At Gainsberg Injury and Accident Lawyers, we understand how devastating the loss of a child is. Our first priority is to help you grieve for your child. When you are ready, we explain to parents their rights and legal remedies, including explaining how to hold the responsible parties accountable. Many child wrongful death cases do settle. Our Chicago wrongful death attorneys bring cases before a jury if necessary to obtain justice. For answers to your questions and caring counsel, please phone us at 312-600-9585 or complete our contact form to speak with our lawyers.