What Is a Wrongful Death Case Worth?

 Posted on November 13, 2025 in Wrongful Death

Losing someone you love is painful beyond words. When that death happens because of someone else's carelessness or wrongdoing, the pain comes with anger and urgent questions. Why did this have to happen? Will the person responsible face any consequences? How can we live on just one income? Is it worth filing a lawsuit? These are all very common things to wonder about. 

One question many families ask is what a wrongful death case might be worth. No amount of money can replace your loved one. But a wrongful death claim can help your family deal with the financial problems that come after a death. It can also hold the responsible party accountable for what they did. Our Joliet wrongful death attorneys can explain how these cases work and help you decide whether you want to move forward during a free, no-pressure consultation. 

Who Can File a Wrongful Death Lawsuit in Illinois?

Illinois law is very specific about who can bring a wrongful death case. Not just anyone can file this type of lawsuit. The Illinois Wrongful Death Act says that only the personal representative of the deceased person's estate can file the claim.

The personal representative is usually named in the person's will. If there is no will, the court appoints someone to handle the estate. This person files the lawsuit on behalf of certain family members who can recover money.

The family members who can receive money from a wrongful death case include the spouse and children of the person who died. If there is no spouse or children, then parents can recover. If there are no parents, then the person's brothers and sisters and their descendants can get compensation. Other family members cannot recover under the Wrongful Death Act, even if they had a very close relationship with the person who died.

What Types of Money Can Families Recover in a Wrongful Death Lawsuit?

Wrongful death cases can include several types of damages. Understanding these categories helps explain why some cases are worth more than others.

Grief and Suffering

Grief and sorrow damages compensate for the emotional pain of losing someone you love. Illinois law recognizes that this loss causes real harm to surviving family members. There is no formula for calculating this type of damage. Juries consider the closeness of the relationship and the impact on the survivors.

Loss of Companionship

Loss of companionship addresses what you have lost in your daily life. This includes the guidance, care, and presence of your loved one. A child who loses a parent loses years of advice and support. A spouse loses their partner and best friend. These losses have value under Illinois law.

Financial Losses and Lost Income

Economic losses cover the money your loved one would have provided. This includes lost wages and benefits they would have earned over their lifetime. If your spouse supported the family financially, their death creates a real money problem. The law allows you to recover compensation for this economic harm.

Medical Costs

Medical expenses from the final injury or illness can be recovered under the Family Expense Act. These bills can be large, especially if your loved one was hospitalized before death. Funeral and burial costs also fall under this law.

What Makes Some Wrongful Death Cases Worth More Than Others?

Several factors affect how much a wrongful death case might be worth. No two cases are the same, but certain elements tend to increase value. For example:

• The age of the person who died matters a lot. Someone who dies at 35 had many more years to live and work than someone who dies at 75. Younger victims typically mean higher economic damages because of lost future earnings.

• Income level affects the economic value of the case. A person who earned a high salary and had good benefits provided more financial support. Their death creates a bigger financial hole for the family.

• The number and age of dependents impact the case value. A parent with young children could have provided years of future support and guidance. The children lost decades of help and companionship. A case involving minor children often has higher value than one without dependents.

• The relationship between the deceased and survivors matters. A close, loving marriage carries different weight than a strained relationship. Children who had strong bonds with a parent suffered a greater loss of companionship.

• The circumstances of the death can affect value. A sudden death in a car crash is different from a death after a long illness caused by medical malpractice. Suffering before death can add to the damages. Deaths that involved conscious pain and suffering before dying can increase what the family recovers.

• The strength of the evidence also makes a difference. Cases with clear liability are worth more than cases where fault is questionable. If there is no doubt the defendant caused the death, the case has more value. Strong evidence means less risk of losing at trial.

Note that the defendant's ability to pay affects what you can actually collect. A large company with insurance is different from an individual with limited assets. Even if your case is worth a lot, you can only collect what the defendant can pay.

What Can You Use the Money From a Wrongful Death Settlement For?

The law does not restrict how you use money from a wrongful death settlement. You can use it for whatever needs you have. Many families pay off medical bills, funeral costs, and mortgages. Others set money aside for their children's education or invest it for long-term security. The money is meant to help you deal with all the ways your loss affects your life.

How Long Does It Take to Resolve a Wrongful Death Case?

The timeline for wrongful death cases varies a lot. Some cases settle in months while others take years. Your lawyer needs time to investigate and gather evidence. As of 2025, in most cases, Illinois law gives you two years from the date of death to file a wrongful death lawsuit. Discovery, where both sides exchange information, can take many months. Many cases settle before trial, but trials can last days or weeks if settlement is not possible.

Call a Will County, IL Wrongful Death Attorney Today

Losing a loved one because of someone else's actions changes everything. You deserve answers and accountability for what happened. Your family deserves compensation to help deal with the financial and emotional impact of this loss.

Contact Schwartz Injury Law at 708-888-2160 for a free consultation about your wrongful death case. Our firm has achieved multimillion dollar settlements and verdicts for clients. We are willing to fight aggressively and take cases to trial when that is what it takes to get justice. When you call, you will speak with a real Joliet, IL personal injury lawyer who handles these cases. Call now.