Section 11-3.3. Limitations upon recovery where injury causes death  


Latest version.
  • (a)  Where  an  injury  causes  the  death  of  a  person  the damages
      recoverable for such injury are limited to those accruing  before  death
      and shall not include damages for or by reason of death, except that the
      reasonable  funeral  expenses of the decedent, paid by the estate or for
      the payment of which the estate is responsible, shall be recoverable  in
      such  action.    The  damages recovered become part of the estate of the
      deceased.
        (b) Nothing contained herein shall affect the cause of action existing
      in favor of the next of kin under 5-4.1, subject to the following:
        (1) Such cause of action and the cause of action, under this  section,
      in  favor of the estate to recover damages may be prosecuted to judgment
      in a single action; a separate verdict,  report  or  decision  shall  be
      rendered as to each cause of action.
        (2)  Where  an  action to recover damages for personal injury has been
      brought, and the injured person dies, as a result of the injury,  before
      verdict, report or decision, his personal representative may enlarge the
      complaint  in  such  action  to include the cause of action for wrongful
      death under 5-4.1.
        (3) Where an action to  recover  damages  under  this  section  and  a
      separate  action  for wrongful death under 5-4.1 are pending against the
      same defendant, they may be consolidated on the motion of either party.