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How Are Wrongful Death Settlements Calculated in Chicago, IL?
Key Takeaways
- Illinois uses no fixed formula, so value comes from proven losses adjusted for fault and the insurance available to pay a claim.
- The family’s damages under the Wrongful Death Act and the estate’s damages under the Survival Act are separate claims.
- Punitive damages became available in most cases filed on or after August 11, 2023, but not in medical malpractice or government cases.
- A court divides the money based on how much each relative depended on the person who died.
A Chicago wrongful death settlement is calculated by totaling the family’s financial and emotional losses, plus the estate’s separate claim. That total is then adjusted for fault, available insurance, and Illinois rules on punitive damages and interest.
Putting a number on a loved one’s life can feel wrong, and many families feel uneasy even asking the question. Yet the answer shapes how a spouse keeps up with the mortgage or how children afford school in the years ahead.
At Conboy Law, we help grieving families understand each part of a settlement so they can make decisions with clear information. If an insurance company has already reached out, we are glad to talk through your situation before you respond.
How Is a Wrongful Death Settlement Calculated in Chicago?
Settlement value starts with every loss the law recognizes. It then shrinks or grows based on fault, the number of liable parties, and the insurance available.
Before any calculation begins, the family must show that another party’s wrongful act or negligence caused the death. From there, a Chicago wrongful death lawyer typically works through the following steps:
- Confirm which claims exist, usually a Wrongful Death Act claim for the family and a Survival Act claim for the estate.
- Total the economic losses, often with an economist projecting the lifetime earnings and benefits the person would have provided.
- Value the grief, sorrow, and mental suffering of the surviving spouse and each family member.
- Determine whether the facts and the type of defendant allow punitive damages.
- Apply comparative fault to the person who died and, separately, to each family member.
- Identify every liable party and the insurance limits each one carries.
- Weigh prejudgment interest along with the risk and cost of a jury trial.
Insurance adjusters run their own version of these steps, and early offers often reflect the lowest reasonable reading of each one.
Which Damages Make Up a Wrongful Death Settlement in Illinois?
Illinois splits wrongful death damages between the family and the estate, and each category follows its own rules.
Losses to the Surviving Family
Section 2 of the Illinois Wrongful Death Act lets a jury award fair and just compensation for the pecuniary injuries the death caused the spouse and next of kin. Pecuniary injuries are measurable losses. Illinois courts generally treat them as including lost money, services, guidance, and companionship.
Several kinds of evidence tend to drive the value of these losses:
- The person’s age, health, and life expectancy
- Earnings history, employment benefits, and expected career growth
- Household work the person handled, such as childcare or home repairs
- How closely each family member relied on the person, financially and emotionally
A 40-year-old parent with young children, for example, usually presents a very different loss profile than a retiree with grown children.
Grief, Sorrow, and Mental Suffering
The same section allows damages for the grief, sorrow, and mental suffering of the surviving spouse and next of kin. The Act sets no dollar cap on these damages. Jurors weigh the depth of each relationship based on testimony from family and friends.
The Estate’s Survival Act Claim
The Illinois Survival Act, 755 ILCS 5/27-6, preserves the injury claim the person could have brought if they had lived. This claim belongs to the estate. It can include conscious pain and suffering before death, medical bills, and wages lost between the injury and death.
For instance, a crash survivor who spent several days in intensive care before passing may leave a significant survival claim on top of the family’s claim.
Funeral and Medical Bills
Funeral and medical costs usually come through the Illinois Family Expense statute, 750 ILCS 65/15, which makes spouses and parents responsible for family expenses. When no spouse or parent paid those bills, Illinois civil jury instruction 31.14 explains that the estate may pursue them in an independent claim.
Punitive Damages After the 2023 Law Change
Public Act 103-0514 amended the Wrongful Death Act and the Survival Act to allow punitive damages when applicable in cases filed on or after August 11, 2023. Punitive damages respond to egregious conduct rather than compensating a specific loss. One example would be a company knowingly putting an impaired driver on the road.
The law excludes:
- Medical malpractice and legal malpractice claims.
- Claims against the State, local governments, or public employees acting in their official capacity.
A family pursuing a doctor or facility, as described in our guide to wrongful death claims against hospitals, cannot add punitive damages to the settlement math.
Each of these categories needs proof, and gathering it early can protect a claim’s value. If you have questions about which damages apply to your family’s loss, call Conboy Law at 312-726-9000 for a free case evaluation.
What Illinois Laws Can Raise or Lower a Settlement’s Value?
Several Illinois statutes change the final number after damages are totaled. Some reduce recovery, while others give families added leverage.
Comparative Fault
Under 735 ILCS 5/2-1116, recovery is barred if the person who died was more than 50% at fault. If their share was 50% or less, recovery is reduced proportionally. Subsection (g) of Section 2 of the Wrongful Death Act applies a similar test to each family member’s own fault.
If a parent’s careless supervision were found more than 50% responsible for a child’s death, that parent’s share would be barred. That barred share does not shift to the other relatives.
Cases With More Than One At-Fault Party
735 ILCS 5/2-1117 makes every liable defendant jointly and severally liable for medical expenses. That means the family can collect the full amount from any one of them. For other damages, a defendant found less than 25% at fault pays only its own share.
This rule matters when the most responsible party carries little insurance. An example would be a minimum-coverage driver in a crash that also involved a negligent contractor.
Prejudgment Interest
735 ILCS 5/2-1303 adds prejudgment interest of 6% per year to personal injury and wrongful death judgments, starting on the date the lawsuit is filed. Interest runs for no more than five years and does not apply to punitive damages. Because the amount grows while a case is pending, insurers have a practical reason to make reasonable offers.
Filing Deadlines
A missed deadline can erase a claim’s value entirely. The Wrongful Death Act and related laws set the following time limits:
- Two years from the date of death for most claims
- Five years when the death resulted from violent intentional conduct
- Two years after turning 18 for a family member who was a minor when the claim arose
- One year for claims against a local public entity, such as the City or the Chicago Transit Authority (CTA), under 745 ILCS 10/8-101
How Is a Wrongful Death Settlement Divided Among Family Members?
Illinois law does not split wrongful death money into equal shares. Under Section 2(b) of the Wrongful Death Act, the circuit court distributes an agreed settlement according to each relative’s degree of dependency on the person who died. The trial judge holds a hearing to decide those percentages.
Imagine, for illustration only, a settlement shared by a surviving spouse and two young children. If the court found the spouse 50% dependent and each child 25% dependent, the funds would be divided in those proportions.
Frequently Asked Questions About Chicago Wrongful Death Settlements
No official average exists because each settlement reflects different losses, fault findings, and insurance limits. Published ranges online rarely account for the facts that drive your family’s claim.
Compensatory damages for a death caused by physical injury are generally excluded from federal income under Internal Revenue Code Section 104(a)(2). Punitive damages and interest are generally taxable, so a tax professional should review any settlement.
Wrongful Death Act damages go to the surviving spouse and next of kin. Survival Act damages belong to the estate of the person who died.
Yes. The circuit court distributes an agreed wrongful death settlement among the spouse and next of kin based on each person’s dependency.
Yes, because a settlement is limited by what the liable parties can actually pay. We look for every responsible party and available policy, including additional defendants who may share liability.
Talk to Conboy Law About Your Chicago Wrongful Death Settlement
Families in Chicago often have more legal paths to recovery than the first insurance letter suggests. A careful review can reveal a survival claim, a second liable party, or punitive damages that never appeared in the offer.
Our team builds each settlement calculation from the evidence, including earnings records, medical bills, and testimony about the relationships your loved one shared.
Founding attorney Joseph M. Conboy handles wrongful death claims on a contingency fee basis, so there are no upfront fees to have your claim reviewed. Call Conboy Law, your Chicago wrongful death settlement lawyer, at 312-726-9000 or contact us online for a free case evaluation.
Joseph M. Conboy is the founding attorney of Conboy Law and represents victims and families in serious personal injury, medical malpractice, and wrongful death cases throughout Illinois. He has obtained numerous multi-million-dollar results and has been recognized by Super Lawyers as a Rising Star. As the firm’s primary litigator, he works closely with clients to build strategies tailored to the facts of each case.
