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
$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.