Wrongful Death Claims vs Survival Claims in Illinois

Understanding which claim addresses your family’s losses and which may address the injuries suffered by your loved one can be an important step after a fatal accident.

There is often confusion surrounding the differences between wrongful death claims and claims made under the Illinois Survival Act. While both types of claims can arise after a person’s death and involve losses connected to the deceased, they are not the same. Understanding the distinction can be important before taking the next steps toward pursuing a legal claim.

This article explains some of the basic differences between wrongful death claims and claims made under the Illinois Survival Act. For official, tailored legal advice regarding your own circumstances, consider speaking with an experienced attorney at Patel Law, PC.

Quick Take: What Is the Main Difference?

In general, a wrongful death claim focuses on losses suffered by surviving family members or other individuals entitled to recover because of a person’s death. A Survival Act claim, by contrast, may allow a deceased person’s representative to pursue certain claims that belonged to the deceased before death.

Wrongful Death Claims

A wrongful death claim is generally pursued when surviving family members or other individuals entitled to recover seek compensation for losses resulting from the wrongful death of another person. The focus of the claim is not simply on the injuries the deceased person experienced. Instead, wrongful death claims address certain losses suffered because the death occurred.

For example, imagine that Susan’s spouse is a construction worker who loses his life in an accident allegedly caused by another party’s negligence. If Susan is entitled to pursue a wrongful death claim, the claim may address losses she experienced as a result of her spouse’s death.

Depending on the circumstances, damages in a wrongful death case may involve losses connected to the death, such as the loss of financial support, companionship, or other legally recognized damages. The particular damages available can depend heavily on the facts of the case and applicable Illinois law.

The Focus of a Wrongful Death Claim

A wrongful death claim generally focuses on legally recognized losses experienced by surviving individuals as a result of the death itself, rather than solely on the injuries the deceased person experienced before death.

Illinois Survival Act Claims

Claims brought under the Illinois Survival Act serve a different purpose. A Survival Act claim may allow the representative of a deceased person’s estate to pursue a cause of action that the deceased person had while still alive.

Put simply, the underlying concept is that if the injured person had a valid legal claim before death, certain aspects of that claim may survive and be pursued by the appropriate representative after the person’s death.

The Illinois Supreme Court has explained that the Survival Act does not necessarily create an entirely new cause of action. Instead, it provides a mechanism through which certain causes of action belonging to the deceased may continue after death.

A Simple Way to Think About the Survival Act

A Survival Act claim generally looks backward at the legal rights and injuries belonging to the deceased person before death. The claim may continue a cause of action that the person could have pursued had they survived.

Wrongful Death vs. Survival Act: Explore the Key Differences

Who Experienced the Loss?

Wrongful death claims generally focus on losses suffered by surviving individuals because their loved one died.

What Is Being Addressed?

Survival Act claims may address causes of action and injuries belonging to the deceased person before death.

When Did the Claim Arise?

A Survival Act claim generally continues a cause of action that existed before the person’s death.

Why Does the Distinction Matter?

The two claims can address different legal injuries and losses, which can affect how a case is evaluated and pursued.

Why the Difference Matters

Wrongful death and Survival Act claims can arise from the same tragic event, but they address different legal interests. A fatal accident may leave surviving family members with substantial personal and financial losses while also leaving unresolved claims connected to injuries suffered by the deceased person before death.

For this reason, it is important not to assume that every claim following a death is identical. The available legal options may depend on numerous factors, including how the injury occurred, how long the person survived after the incident, the damages involved, the parties connected to the claim, and other circumstances specific to the case.

Important Consideration

Wrongful death and Survival Act claims can involve complicated procedural requirements, questions about who may bring a claim, available damages, and applicable deadlines. An attorney can evaluate the facts of a specific situation and explain which legal options may be available.

Frequently Asked Questions About Wrongful Death and Survival Act Claims

Can a wrongful death claim and a Survival Act claim arise from the same incident?

Depending on the circumstances, different claims may arise from the same fatal incident because wrongful death and Survival Act claims can address different losses and legal interests.

Does the Illinois Survival Act create a completely new personal injury claim?

Generally, the Survival Act allows certain causes of action belonging to a deceased person to continue through the appropriate representative rather than creating an entirely unrelated new claim.

Who receives compensation in a wrongful death case?

The answer can depend on Illinois law, the relationship between the deceased and surviving family members, and the particular facts of the case. An attorney can explain how the law may apply to a specific family.

Why should I speak with an attorney after the wrongful death of a loved one?

Fatal accident cases can involve multiple potential claims, strict deadlines, complex questions regarding damages, and important procedural requirements. Prompt legal guidance can help you better understand the available options.

Contact Patel Law, PC

If your family has suffered the loss of a loved one and you are unsure how Illinois law may help you recover, it is important to speak with an experienced attorney as soon as reasonably possible. There can be important legal nuances and deadlines that may affect your options.

The knowledgeable Champaign wrongful death attorneys at Patel Law, PC can help you assess your circumstances and better understand the potential next steps available to you and your family.

Questions About a Wrongful Death or Survival Act Claim?

Losing a loved one is an incredibly difficult experience, and legal questions may add another layer of uncertainty during an already challenging time. The team at Patel Law, PC can help you better understand your options and the legal process.

Our experienced Champaign wrongful death attorneys can discuss your circumstances and provide guidance regarding the next steps in your case.