When you read about a large verdict or settlement in an Illinois wrongful death case, you may wonder who actually receives that money. After all, the victim is dead. So does the money go to their estate?
Actually, although a victim’s estate is responsible for bringing and pursuing a wrongful death claim, under Illinois law any amount recovered is exclusively for the benefit of the victim’s surviving spouse and next of kin. The reason for this is that unlike personal injury claims where the victim survives, the primary purpose of a wrongful death lawsuit is to compensate the victim’s family for their own losses, such as their grief, sorrow, and mental suffering.
In determining a person’s “next of kin” for purposes of distributing a wrongful death settlement or judgment, Illinois courts must follow the same rules as apply to the distribution of an estate where the deceased did not leave a will. This is known as intestate succession. In simple terms, intestate succession first distributes any proceeds to the victim’s surviving spouse and descendants (children, grandchildren, et al.) If the victim was unmarried and had no descendants, then their next of kin would be their surviving parents and siblings.
Judges Approves Distribution in Wrongful Death Case Arising from Cook County Jail’s Alleged Negligence
Distributing an Illinois wrongful death award is further complicated by a provision of state law that requires a judge to apportion damages between multiple relatives entitled to share in the award. The Illinois Wrongful Death Act states the court must determine the “proportion of each survivor’s dependency upon the deceased person.”
To explain what that means in practical terms, here is a recent decision in an Illinois wrongful death case heard by a federal judge here in Chicago, Wilson v. Cook County, Illinois. This tragic case involved the death of a victim while detained at the Cook County Jail. At the time, the victim was 22 years old. He remained in jail for months despite suffering from psychosis. At one point, jail officials moved the victim from a 24-hour medical unit to a maximum-security ward that lacked sufficient mental health facilities. While in maximum security, the victim died from suicide.
The victim’s estate subsequently filed a wrongful death lawsuit against Cook County. The County agreed to settle the case for $1.5 million. After legal fees and costs, there remained $883,397.22 for distribution to the victim’s next of kin.
The federal judge overseeing the settlement granted the estate’s motion to distribute most of the proceeds to the victim’s mother. As the judge explained, the victim was unmarried at the time of his death. He also had no children. So under Illinois law, his next of kin were his mother, father, and five siblings.
Despite the fact there were seven people who could theoretically share in the wrongful death award, the judge only made distributions to the father, mother, and two of the siblings. This was based on the court’s determination of each survivor’s relative “dependency” on the victim. For example, the victim’s mother received $791,007.50 while the father only received $87.889.72. This nearly 10-to-1 discrepancy was due to the judge finding that the victim was closer to his mother, the parent that raised him, while the victim’s relationship with his father, who lived in a different state, was described as “strained and distanced.”
The judge emphasized, however, that this ruling should not be taken to mean the father suffered any less of a personal loss than the mother. It simply reflected the court’s responsibility under the wrongful death statute to determine the relative closeness of each parent to the child for purposes of distributing the settlement proceeds. In this case, the mother simply spent far more time with the victim than did the father.
As for the siblings, the court accepted the estate’s request to distribute $2,000 to one of the victim’s younger brothers and $2,500 to one of his older brothers. There was no explanation given in the court’s order as to why no provision was made for the other three siblings, but the judge noted that all five siblings consented to this distribution.
What Happens When There Is No Next of Kin?
While uncommon, it is possible for the victim in a wrongful death case to leave no surviving spouse, descendants, or next of kin. So what does this mean, given that the whole point of wrongful death is to compensate the victim’s family? In such a scenario, Illinois law states that any recovery of damages is limited to the following:
- Up to $450 to the hospital that treated the victim’s final illness or injury;
- Up to $450 to the doctors who provided medical or surgical services for the victim’s final illness or injury;
- Up to $900, plus reasonable attorney’s fees, to the personal representative (executor) of the victim’s estate for the costs of administering the estate and pursuing the wrongful death claim.
What If the Victim Left a Will?
As previously noted, Illinois wrongful death law determines next of kin based on the laws of intestate succession. But what if the victim left a will? As far as a wrongful death award is concerned, nothing. The intestate succession rules still govern the distribution.
But the victim’s estate may also file what is known as a survival action. This is the personal injury lawsuit the victim would have filed had they survived. Any award or settlement in a survival action would be subject to the distribution terms contained in a victim’s will, assuming they left one.
Contact a Chicago Wrongful Death Lawyer Today
Money can never bring back a family member. But it can provide you with a sense of closure and financial security as you look to rebuild following such a devastating loss. If you need legal advice or representation from a skilled Chicago wrongful death attorney, contact the team at Kennedy Watkins LLC today to schedule a free consultation.