Next of Kin in Illinois Wrongful Death Cases
Who is considered “next of kin” in the Illinois Wrongful Death Act?
The term “next of kin” will apply differently to each family,
depending on its structure. In most cases, the next of kin refers to immediate
family members such as a spouse, children, parents, or siblings.
According to the Illinois
Wrongful Death Act, where the deceased person left no surviving spouse or next of kin, the
damages can benefit one or more of the following parties:
- The individual supplying hospitalization or hospital services necessitated
by the decedent’s last illness or injury, max $450.
- The individual supplying medical or surgical services necessitated by the
decedent’s last illness or injury, max $450.
- Representatives who have covered costs and expenses of administering the
estate. The measure of damages in these cases should be the sum of the
reasonable value of such hospitalization or hospital service, medical
and surgical services, funeral expenses, and attorney fees.
Representing Those Who Have Lost Spouses, Parents, and Siblings
Power, Rogers & Smith, L.L.P. proudly advocates on behalf of spouses and
next of kin in wrongful death claims. Our experience is extensive, and
we have handled some of the largest wrongful death actions in the state
- In 1994, a Chicago family lost their six children in a car crash because
of an unqualified truck driver. We were able to negotiate a $100 million
settlement, which is the largest injury settlement for a single family
- Attorney Joseph Power Jr. represented the widow of a man who was killed
after his vehicle was rear-ended by a truck. The widow and their two children
also sustained injuries in the accident. Mr. Power was able to negotiate
a $39.9 million settlement.
- Attorneys Thomas Siracusa and Joseph Balesteri negotiated a $23 million
settlement in a medical malpractice / birth injury / brain injury case
involving failure to treat high blood pressure that resulted in brain damage.
Wrongful death cases are complex, and you may have many unanswered questions.
We encourage you to contact our Chicago wrongful death attorneys. We can
investigate your case to determine your legal rights and options.