Wrongful Death Compensation Available for Families of Accident Victims

 Posted on August 27, 2020 in Personal Injury

It is an unfortunate reality that not everyone will survive major accidents that would have otherwise left them severely injured. More than 1,000 people die in vehicle crashes in Illinois each year, according to recent data from the Illinois Department of Transportation. While fatal vehicle accidents make up less than 1 percent of the total crashes in Illinois, each death has an irreversible impact on the family of the person who was killed. If another party is liable for the fatal accident, the surviving family members can file a wrongful death lawsuit in order to receive monetary compensation.

When Can a Wrongful Death Lawsuit Be Filed?

A simple way to explain a wrongful death claim is that it is a personal injury lawsuit filed on behalf of the deceased person. Illinois law states that survivors of the deceased can file a wrongful death claim if:

• Someone’s wrongful act or negligence caused the death
• The victim would have had grounds to file a personal injury claim if they had survived

With a fatal vehicle accident, a reckless driver may have been responsible for the crash or a vehicle manufacturer may be liable for a defective part that caused a driver to lose control of their vehicle. Wrongful death claims can also apply to other areas of personal injury, such as premises liability and third-party construction accidents.

Who Is Allowed to File a Wrongful Death Lawsuit?

The person seeking compensation for wrongful death must be a close family member of the deceased. Typically, this is the spouse or children of the victim. Parents may be able to request compensation for wrongful death if the victim was a minor or the parents were financially dependent upon their adult child.

What Does a Wrongful Death Claim Pay For?

Losing a family member can be expensive as well as devastating. A wrongful death lawsuit can request compensation for:

• Medical expenses from attempting to treat the victim before they died
• Funeral expenses
• Lost financial support from the deceased
• Lost companionship from the deceased
• The surviving family’s mental pain and suffering

Contact a Barrington, Illinois, Personal Injury Lawyer

You may not feel satisfied by the idea of collecting compensation from a wrongful death lawsuit because no amount of money will bring your loved one back. However, the money can help you with expenses such as hospital bills and replace some of the income you lost because of your loved one’s death. A compassionate Palatine wrongful death attorney at Joseph M. Lucas & Associates, LLC, can explain how a wrongful death lawsuit may be able to help your financial situation. To schedule a free consultation, call 847-381-8700.

Source:

https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2059&ChapterID=57

https://apps.dot.illinois.gov/FatalCrash/historicsnapshot.html

http://www.idot.illinois.gov/Assets/uploads/files/Transportation-System/Resources/Safety/Crash-Reports/crash-facts/2018%20Crash%20Facts.pdf