Losing a loved one in a car crash or other fatal accident can be devastating, and unfortunately, it is a sad reality for almost 1,000 Illinoisans each year. If you are one of the people affected, you may be struggling with financial stresses related to the incident as well as a difficult grieving process. Fortunately, if another driver was responsible for the vehicle collision, you may be able to obtain financial recovery through a wrongful death claim.
In the case of wrongful death, the victim’s spouse and/or next of kin, such as children, siblings, or parents, may be entitled to the compensation the victim could have pursued through a personal injury lawsuit. If you want to file a wrongful death claim, you will need to work with the personal estate representative of the deceased if that person is someone other than yourself. You should also consider hiring an attorney who can help you build a strong case for compensation.
As with a personal injury case, the success of a wrongful death lawsuit typically hinges on the ability to demonstrate the negligence of another party. In most car accident cases, a driver or third party can be considered negligent if they acted in a way that could endanger other drivers, and those actions caused the accident resulting in the wrongful death. Your attorney can help you collect evidence to establish negligence, including photographs, video footage, and testimony of eyewitnesses to the collision. Since many fatal crashes in Illinois involve alcohol or a semi-truck, it may also be important to seek evidence including police reports, blood alcohol test results, or truck driver and company records.
Compensation from a wrongful death settlement or verdict can cover many damages, including:
The victim’s medical expenses
The victim’s pain and suffering before death
Lost income the victim’s family relied on
Funeral expenses
Grief, sorrow, mental suffering, and loss of companionship for surviving family members
Punitive damages in cases of gross negligence
Your attorney can help you document all damages incurred so that you have a clear case for receiving the most compensation possible.
Although it may seem daunting, filing a wrongful death claim can provide you with the compensation you need and deserve after losing a family member. At Mevorah & Giglio Law Offices, we have experience with a wide variety of personal injury cases, and we bring our knowledge and skill to families who have lost loved ones in an accident caused by another person’s negligence. Call our diligent Naperville personal injury lawyers today at 630-420-1000 to schedule a free consultation.
Sources:
http://www.idot.illinois.gov/Assets/uploads/files/Transportation-System/Resources/Safety/Crash-Reports/crash-facts/2018%20Crash%20Facts.pdf
https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2059&ChapterID=57
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