Losing a family member because of someone else’s carelessness brings an overwhelming amount to deal with, and the legal side of it often gets confusing fast. Illinois actually recognizes two distinct types of claims after a death like this, and understanding the difference matters for what a family can ultimately recover.
The Survival Act Covers What The Person Experienced
Illinois’ Survival Act allows the deceased person’s estate to pursue the claims that person could have brought had they lived. This includes medical expenses from the time between the injury and death, lost income during that same period, and compensation for the pain the person experienced before passing. These damages belong to the estate itself, which distributes them according to a will or the state’s intestacy rules if there is no will.
The Wrongful Death Act Covers What The Family Lost
A separate Wrongful Death Act addresses the losses suffered by surviving family members rather than the deceased person directly. This includes lost financial support the family would have received, loss of companionship, and other pecuniary injuries tied to the relationship itself. Unlike a survival claim, this compensation goes directly to the surviving spouse, children, or other next of kin identified under the statute, rather than passing through the estate.
Why Both Claims Often Get Filed At The Same Time
These two laws are not mutually exclusive, and it is common practice for a Chicago wrongful death lawyer to pursue both together after a fatal crash or other fatal incident caused by negligence. One compensates for what the deceased person went through and lost financially before death, while the other compensates the family for their own separate losses afterward. Filing both means neither category of harm gets left out of a claim.
What Kind Of Incidents Typically Trigger These Claims
A wide range of situations can give rise to both a survival claim and a wrongful death claim, including:
- Fatal car and truck crashes caused by another driver’s negligence
- Fatal pedestrian or cyclist collisions
- Preventable incidents tied to unsafe premises or defective conditions
- Other negligent or reckless conduct that leads to a death
How Evidence And Timing Work For Both Claims
Both claims generally share the same two year window for filing after a death, though exceptions can apply depending on the circumstances. Because the survival claim depends on documenting what happened between injury and death, medical records, hospital bills, and notes on the person’s condition during that period become especially important, in addition to the evidence used to establish fault in the underlying incident.
Working Through Both Claims With Guidance
Sorting out which damages belong to the estate and which belong to surviving family members takes careful attention, especially while a family is also grieving. A Chicago wrongful death lawyer can help identify every category of loss that applies and make sure both the survival claim and the wrongful death claim are pursued together rather than one being overlooked.
If your family has lost someone due to another person’s negligence in Chicago, reach out to Disparti Law Group to talk through what these claims could mean for your situation.
