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The highest wrongful death settlement was $160 million.
In Illinois, the damages are paid to the deceased's surviving spouse and next of kin based on their level of dependency on the deceased, as determined by the court. There are several factors that the court will examine when determining how money is divided between the surviving spouse and the deceased's children.
If a car accident results in a fatality, the settlement amount can be significantly higher. In Illinois, wrongful death settlements for fatal car accidents can range from $100,000 to $2 million or more. These settlements typically cover medical and funeral expenses, lost future income, and other damages.
You need to know that your Illinois wrongful death settlement is generally not taxable. When we turn directly to information provided by the Internal Revenue Service (IRS), we can see information regarding whether or not certain types of injury and wrongful death claims are taxable (IRS Rule 1.104-1).
Who can recover wrongful death compensation? If the victim of the wrongful act is deceased, who has the legal right to bring a wrongful death claim? ing to Section 2 of the Illinois Wrongful Death Act, the surviving spouse and next of kin to the decedent have the right to pursue wrongful death claims.
Typically, an insurance company providing liability coverage for the defendant will pay the plaintiff (estate or families) the negotiated settlement amount. The plaintiff might receive the total amount in one check minus expenses and attorney fees or monthly/yearly payments through a structured settlement.
What are the elements of a wrongful death claim in Illinois? That the defendant owed a duty of care to the decedent (person who died) That the defendant failed this duty of care. That the defendant's failure proximately caused the death, and. That there are damages (compensable losses) that resulted from it.