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630-932-9100
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900 E. Roosevelt Road, Lombard, IL 60148

Phone: 630-932-9100

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Phone: 630-529-4761

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333 N. Randall Road, Suite 104, St. Charles, IL 60175

Phone: 630-443-0600

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Phone: 815-727-4500

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Car Accidents Involving Deaths

Posted on in Personal Injury
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The victim in a car accident usually has the option of hiring an attorney to sue the responsible party. However, what happens when the injured person does not survive the accident? When the victim of an accident dies, their estate may sue to recover for the wrongful death. RigsMore often than not, wrongful death cases related to car accidents are based on a theory of negligence. In order to succeed on a theory of negligence, the plaintiff, through their attorney, must prove the following four elements:
  1. that the defendant had duty not to engage in the sort of behavior that caused the death;
  2. that the defendant breached that duty;
  3. that it was foreseeable that defendants breach could result in the sort of injury the victim suffered, and
  4. that by breaching its duty, the defendant caused the victim's death.
Take a DUI that results in death for example. Applying the four elements to a DUI negligence claim, the lawsuit would go as follows:
  1. the defendant had a duty to refrain from driving while intoxicated,
  2. by drinking and driving, the defendant breached the duty he or she had from drinking and driving,
  3. it is reasonably foreseeable that by drinking and driving, the defendant could get into an accident with another person, and
  4. defendant's decision to drink and drive caused the victim's death.
The plaintiff must prove each element of a negligence claim in order to prevail at trial. If one element fails, the whole case fails. This is why the presence of an experienced car accident litigator is essential. Attorneys who specialize in these types of cases have the distinct advantage of leveraging the experience from prior cases to ensure that they build each case on the foundation it needs to maximize the chances of success. If a loved one has been a victim of a car accident, contact an experienced Illinois car accident attorney who can go after those responsible.
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Whether you are going through a divorce, injured in an accident, need to file a workers' compensation claim, charged with a crime, immigrating to the United States, or need to file for bankruptcy, Mevorah Law Offices LLC can help. Our trial lawyers have over 35 years of experience helping clients throughout Northern Illinois from five offices in Lombard, Bloomindale, Joliet, St. Charles, and Chicago.

Steven Mevorah has assembled experienced attorneys under one roof so that his clients need not search for a new attorney each time they need help. Mr. Mevorah has also established a wide network of additional attorneys so that his clients merely need to stop by Mevorah Law Offices LLC to find the attorney they need.

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