In a lawsuit involving wrongful death, many times the injured person does not pass away until minutes, hours or days after the accident actually happened. In those minutes, hours and days between the time of the accident and eventual death, the injured person is most likely in severe pain from his or her injuries. In this situation, the plaintiff in a wrongful death action can recover for the damages that are proven to have occurred from the time of the deceased’s injuries and the time of his or her death – in the minutes, hours or days before death – taking into consideration the nature, extent and duration of the injury. The plaintiff must prove that the deceased actually and consciously endured pain and suffering before death. The fact that the deceased person only suffered for a short period of time is not a bar to a claim for conscious pain and suffering. The duration of the pain and suffering affects the amount of damages to be awarded.
For more information about wrongful death lawsuits in Illinois, contact one of our catastrophic injury attorneys today. They are former insurance defense attorneys who are now on YOUR side, fighting the insurance companies to obtain the compensation you rightfully deserve. Contact us at (708) 576-1624 or in**@********aw.com.