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 of Illinois.

  • 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 in Illinois.
  • 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.