Role of an Estate Executor in an Illinois Wrongful Death Claim

 Posted on May 16, 2025 in Wrongful Death

Among the most devastating civil claims is wrongful death, which can be the result of everything from car accidents to medical malpractice. Losing a loved one unexpectedly because of someone else’s negligence is especially heinous, and the surviving family deserves an avenue to compensation. An Aurora, IL wrongful death attorney can help you understand the legal process for filing a claim, including who can bring it to the court, what they can recover, and how the award is distributed.

Who Brings the Wrongful Death Claim in an Illinois Court?

State law dictates who can file a wrongful death claim in court. According to the Illinois Wrongful Death Act, a personal representative of the deceased person’s estate, commonly known as the estate executor, must bring the claim to court. If your loved one died without a will or estate plan and had no appointed executor, the court can appoint one. That person or agency would be responsible for filing the wrongful death claim and carrying out the responsibilities related to overseeing the estate.

What Damages Can an Estate Representative Claim for a Wrongful Death Case in Illinois?

The term "damages" is used in civil action and refers to the losses you incurred as a result of the accident caused by the other party’s negligence. Common compensatory damages in a wrongful death case include, but are not limited to:

• Funeral and burial expenses

• Medical costs incurred before death

• Loss of financial support

• Value of services the deceased would have provided to you

• Loss of parental guidance, if the deceased was your parent

• Loss of consortium, meaning loss of affection, companionship, and society

• Mental and emotional suffering associated with the loss of your loved one

In rare cases, the court may award punitive damages, which are designed to punish the defendant for their negligence and deter their conduct in the future.

Who Receives the Damages When a Wrongful Death Case Is Done?

While the executor files the wrongful death claim, any damages awarded are exclusively for the "benefit of the surviving spouse and next of kin." The "kin" refers to family members and will depend on the family structure. In most cases, it refers to children, grandchildren, parents, and siblings. If the deceased does not have any surviving immediate relatives, the wrongful death award could go to more distant relatives. Under Illinois law, adopted parents and children are viewed the same as biological parents and children.

Contact Our Aurora, IL Wrongful Death Attorneys Today

If you have questions about your right to compensation through a wrongful death claim, following the loss of your loved one, the Kane County, IL wrongful death lawyers at Kinnally Flaherty Krentz Loran Hodge & Masur P.C. can help. We understand the devastation families can suffer, and we will fight aggressively on your behalf for an adequate and fair settlement. Call 630-907-0909 to schedule your free consultation today.