Wrongful Death in Illinois

KW Economics provides wrongful death analysis for matters venued in Illinois. The decedent's earnings and fringe benefits are projected over a documented worklife expectancy, reduced by the decedent's own personal consumption where the Illinois measure of damages calls for it, and combined with the replacement cost of the household services the decedent would have provided. Each stream is discounted to present value, and the report keeps the components separate so counsel can include or remove any of them as Illinois law requires. Plaintiff and defense.

Illinois's Circuit Court is the primary trial-level forum for the personal injury, wrongful death, employment, and commercial damages claims these analyses support. Workers' compensation claims, where the dispute is over wage-loss benefits rather than tort damages, are administered by the Illinois Workers' Compensation Commission. Final appeals in the Illinois court system run to the Illinois Supreme Court. Illinois is served by 3 federal district courts, where the same analyses are offered under the federal expert-disclosure framework.

Wrongful Death in Illinois

The economic loss to survivors when a wage earner or homemaker dies: the decedent's lost earnings and fringe benefits net of personal consumption, the household services the decedent would have provided, and the financial support that would have flowed to dependents. Which elements are recoverable, and whether the loss is measured to the estate or to the survivors, vary by state, so the analysis is structured to the framework counsel identifies and every assumption is stated so it can be examined.

Illinois pairs a wrongful death action for the pecuniary injuries to the spouse and next of kin, which now include grief and loss of society, with a survival action for the decedent's own claims, including earnings lost between injury and death. Recovery is barred once the plaintiff's fault exceeds half, the common-law collateral source rule applies with a post-verdict reduction procedure in medical malpractice cases, and prejudgment interest on personal injury and wrongful death awards now runs from the filing of the action. Outside the civil courts, wage-loss disputes in workers' compensation matters proceed before the Illinois Workers' Compensation Commission.

Wrongful death analysis for Illinois matters is directed by Christopher Skerritt, M.Ed., MBA, Chief of Economic Services, who is available to testify to it.

Case Types

Wrongful Death Across Illinois

Our experts serve clients throughout Illinois, including the following communities.

Related Services in Illinois

KW Economics offers complementary services to support your Illinois cases.

Frequently asked: Wrongful Death in Illinois

Does KW Economics provide wrongful death analysis in Illinois?

Yes. KW Economics provides wrongful death analysis for attorneys handling matters venued in Illinois, for plaintiff and defense counsel, with the analysis sized to the engagement scope and built from the records that drive the claim and from data for the Illinois market rather than from national averages.

What does a Wrongful Death Economic Loss engagement look like for a case venued in Illinois?

A complete engagement typically includes a records request tailored to the claim (the decedent's tax returns, pay and benefit records, and the household's composition and routine), a review of the record and the pleadings, a written statement of assumptions, a report that presents each loss component and its present value, review and rebuttal of any opposing report, and deposition and trial testimony when required. Scope and turnaround are calibrated to the case posture and the governing disclosure framework.

When is expert disclosure due for a case venued in Illinois?

Expert disclosure in Illinois is scheduled case by case: in the Illinois trial courts by the case management or scheduling order, and in the federal district courts serving Illinois by the federal expert-disclosure framework, under which the written report, the materials considered, and the testimony history are served together. KW Economics confirms the disclosure date at retention and sizes the records request and turnaround to it; counsel confirms the governing deadline for the case.

Request a consultation on Wrongful Death in Illinois or call (201) 343-0700. Plaintiff and defense counsel.