In July of 2008 the plaintiff’s son was killed in a car accident. The victim’s parents settled for $100,000, the other driver’s insurance company policy limit. Five months after the incident, the victim’s girlfriend gave birth to a girl and a DNA test proved that the victim was the father. The Judge awarded $27,426 to the victim’s parents and $13,041 for reimbursement of funeral expenses. The attorney for the parents received $22,222. The newborn child was awarded $27,426. The child’s mother appealed the award, claiming that the child is the only “next of kin” and the parents of the victim should not get any money. She also argued that the attorney fee was improper and that the parents should not have received a funeral reimbursement.
The appellate court agreed with the baby’s mother. Following the Illinois wrongful death act, the victim’s only surviving next of kin, was the child. The panel stated that the parents’ share, funeral reimbursement and settlement payment, be given to the child ($40,467). The appeals panel also stated that the parents’ attorney should not have argued that the parents were entitled to money once she was aware of the child. The child was awarded the $22,222 attorney fee and $760 in legal expenses. The panel did not accept the mother’s request that her attorney should be awarded $8,200 in fees and an additional $920 in costs.
The attorney for the parents felt that the trial court was in the best position to award the money, and she claims that the victim supported his parents and they were dependent upon him financially. She feels that the law should be changed to factor in these types of situations. The full text of the case is available at, Judith Baez, etc. v. Garrett Rosenberg, etc., No. 1-10-0090.
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