On July 19th, 2024, the ABA Journal reported that a judge in Illinois has ruled that a jail must pay $880,000 in wrongful death damages to the family of a man who died by suicide while in the custody of the facility. Within this article, our wrongful death attorney in Chicago explains what we know about this case and provides an overview of the standard of liability in Illinois.
22-Year-Old Man Died By Suicide in Cook County Jail
In a tragic case, the family of Areon Marion—a 22-year-old man who committed suicide while detained at Cook County Jail—was awarded approximately $880,000 in a wrongful death claim. Notably, Mr. Marion was arrested on June 1st, 2021. Shortly after the arrest, he was placed in a psychiatric special care unit due to symptoms of suspected psychosis. He frequently moved between this unit and the maximum-security division. Alarmingly, he expressed suicidal thoughts throughout his detainment. Sadly, on October 31st, 2021, Mr. Marion hanged himself.
Liability: Judge Ruled Facility Failed to Conduct Safety Checks
The federal court found the jail at fault for Mr. Martin’s death due to the officer’s negligence. Mr. Martin died by suicide while in the maximum-security division of the Cook County facility, During that time, a correctional officer, who was responsible for conducting safety checks every 30 minutes, left his post without obtaining any backup. U.S. District Court Magistrate Judge Young B. Kim evaluated the relationships between Mr. Martin and his parents to determine the distribution of the wrongful death settlement. His mother and primary caregiver, was awarded $791,007.50. His father was awarded $87,889.72. The gap reflected their different levels of involvement in Mr. Martin’s life
An Overview of Wrongful Death Laws in Illinois
Did you lose a loved one to a tragic accident in Chicago, Cook County, or elsewhere in Northern Illinois? It is a terrible tragedy that no family should ever be forced to endure. You have the right to seek justice through a civil wrongful death lawsuit.
- Wrongful Death a Civil Cause of Action: In Illinois, a wrongful death claim is a type of civil cause of action. It is not a criminal case. Though, in some situations, a person’s untimely death could also lead to criminal charges. Through a civil wrongful death action, surviving family members can file a lawsuit against the party responsible for their loved one’s death. It is a type of claim that is designed to provide financial compensation to the survivors for their losses—rather than to punish the wrongdoer. The goal is to make the family whole to the extent possible by compensating them for the economic and non-economic damages resulting from the wrongful death. Of course, nothing could ever truly be enough to set things right. Still, a civil wrongful death claim helps to secure justice and accountability.
- Personal Representative Must Bring Claim: Not every person who had a close relationship with the victim has the right to file a civil wrongful death lawsuit in Illinois. Under Illinois law, a wrongful death claim must be brought by the personal representative of the deceased person’s estate. The representative is typically named in the deceased’s will or appointed by the court if there is no will. The personal representative is responsible for managing the estate’s affairs and ensuring that any wrongful death claim is filed and pursued on behalf of the deceased’s beneficiaries. The personal representative’s role is essential. They should seek guidance and support from a Chicago wrongful death lawyer.
- Liability Requires “Wrongful Act”: In order to establish fault in a wrongful death claim in Illinois, the plaintiff must prove that the death resulted from a “wrongful act.” Under Illinois law, a wrongful act can be established based on negligence, recklessness, or intentional misconduct. Put another way, a claimant must be shown that the defendant’s actions or inactions directly caused the death and that these actions were unlawful or negligent. Wrongful death cases can be brought in a wide range of different circumstances, including car crashes, medical malpractice, negligent security, and neglect in a jail.
- Surviving Loved Ones Compensated for Damages: In a successful wrongful death lawsuit in Illinois, the surviving loved ones can be compensated for various damages. These damages are intended to cover both economic and non-economic losses. Economic damages may include medical expenses incurred before death, funeral and burial costs, lost income and benefits, and the loss of financial support the deceased would have provided. Non-economic damages can include the loss of companionship, love, care, and guidance that the deceased provided to their family members. In some cases, punitive damages may also be awarded if the defendant’s conduct was particularly egregious.
Wrongful Death We Advocate for Justice for Grieving Families in Chicago
Wrongful death cases are challenging. For grieving families, a wrongful death claim is an opportunity to pursue justice and financial support through the civil legal system. At Kennedy Watkins LLC, we are prepared to take on all of your legal needs so that you can focus on recovering from a tragic situation. Our team of Chicago attorneys take on all types of wrongful death cases in Illinois. Families deserve compassionate, high-level legal representation. With a proven record of verdicts and settlements, we put results first. Our Chicago wrongful death lawyers provide free, confidential, no obligation consultations to grieving families.
Contact Our Chicago Wrongful Death Attorneys for a Free Review of Your Case
At Kennedy Watkins LLC, our Chicago wrongful death lawyers are compassionate, experienced advocates for grieving families. If your loved one was killed in police custody or in jail, you may have a legal claim. Contact our firm today for a free review of your case. We handle wrongful death claims in Chicago, Cook County, and throughout the wider region in Northern Illinois, including in Evanston, Cicero, Schaumburg, Naperville, Oak Lawn, Oak Park, Aurora, and Bolingbrook.