How Are Wrongful Death Proceeds Divided in Illinois?

Depending on the state in which you reside, the laws regarding a wrongful death lawsuit will differ. The Illinois Wrongful Death Act and Illinois Survival Act govern many aspects of a wrongful death lawsuit, one being the division of proceeds after the lawsuit is won. In most cases, the proceeds are simply awarded to the spouse and children of the deceased, but there are some conditions that vary the extent to which they are awarded.

If the lawsuit is filed under the Illinois Survival Act, the proceeds will be divided according to the will of the deceased. If they do not have a will, the act details many dependent conditions which dictate how else their estate will be divided. If the lawsuit is filed under the Illinois Wrongful Death Act, the rule is to simply award these proceeds to the spouse and children, not the estate. This division will depend on how much each party was financially dependent on the individual prior to their death. The court is more involved in this case in the sense that they subjectively decide who “needed” their money more. This may seem unfair to some. However, all in all, the money will assist the family members, no matter what, in hopes to ease the overall tragedy for you all.

We at 844 See Mike are proud to serve our fellow citizens in personal injury cases. We are fully committed to protecting your rights and ensuring that the other party is held legally accountable when negligence occurs. We will fight until the very end to ensure that you are compensated for the losses resulting from this tragic death, and you won’t owe us anything upfront for our services.

If your loved one has died a wrongful death due to negligence, contact 844 See Mike for a free consultation. Helping our clients is about counseling, advocating, and ultimately solving problems. We have years of experience successfully representing the people, and not the powerful. We will handle your case quickly and advise you every step of the way, and we will not hesitate to go to trial for you. Lastly, 844 See Mike is not paid attorneys’ fees unless we win your case. Our no-fee promise is that simple. You have nothing to risk when you hire us – only the opportunity to seek justice.