Illinois Wrongful Death Caps

In Illinois, there are no caps on damages. In 2005, Illinois enacted a law that placed caps on noneconomic damages in medical malpractice cases – both wrongful death and injury. The law was overturned just five years later because the court determined it violated the Illinois Constitution’s separation of powers clause. The court ruled that decisions regarding damages should be reserved for judges and juries. In this five-year period, there was a $500,000 cap on noneconomic damages for verdicts against doctors, and a $1 million cap on verdicts against hospitals.

Fair and Just Compensation

The Illinois Wrongful Death Act allows “fair and just compensation” to be awarded to next of kin or a surviving spouse in whatever amount the jury determines. At Power Rogers & Smith, we fight for our clients in wrongful death cases so that they can recover fair and just compensation after the loss of their loved one.

Our Experience in Wrongful Death Cases

Our law firm has extensive experience in wrongful death cases, including:

  • The largest personal injury award for a single family in Illinois - $100 million in a wrongful death / trucking collision case
  • A $39.9 million settlement in a wrongful death / trucking collision case
  • $21 million settlement in a case involving delayed intubation, improperly monitored oxygen, and delayed cesarean. Decedent died after being in a coma for twelve weeks and her son was left permanently brain damaged and unable to care for himself.

You can see a full list of our recoveries here.

If your loved one was wrongfully killed, we invite you to contact our Chicago wrongful death lawyers today for a free case evaluation where you can learn your legal rights and options.