There are few things more devastating in life than losing a child due to an unnecessary and avoidable incident. At Therman Law Offices, our seasoned team of Illinois wrongful death lawyers has guided numerous families through the legal process. We know that no amount of money will ever truly compensate you for your loss, but it can help cope with the financial impact of the event.
In a recent appellate decision, an Illinois court considered whether a lower court appropriately allocated the proceeds of a wrongful death action between the parties to the case. The facts of the case are as follows. The parents of two daughters participated in the Intact Family Services program administered by the defendant. The parents had two daughters who were 10 months apart in age. In July 2010, the daughters were placed in a bath tote while unsupervised. The younger daughter, who was seven months old, drowned in the bath tote. The mother was participating in the program at the time the death occurred.
An independent administrator was named for the deceased infant’s estate, and he filed a wrongful death lawsuit. The lower court approved a $750,000 settlement from the program and its employee to the estate, and it was also approved in probate court. Sometime thereafter, the father filed a petition seeking a determination of the relative dependencies of the decedent’s family members according to the Illinois Wrongful Death Act. He sought a 90% allocation for himself, a 10% allocation for the surviving sibling, and a 0% allocation for the mother.