A wrongful death claim in Illinois allows a surviving spouse, children, and family members to ask for financial relief from the at-fault party. These cases are pursued against liable parties whose intentional actions, negligence, or medical malpractice resulted in death. This article identifies the people related to the deceased who can file a lawsuit. We also share an overview of what you need to initiate the legal process.

 

Surviving Spouse 

A surviving spouse typically files wrongful death claims. In such cases, the court allows them to ask for compensatory damages for the medical expenses and other services needed to treat the fatal injuries of their deceased partner. 

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Nothing compares to the pain of losing a family member. Unfortunately, it is not uncommon on our roadways. More than 40,000 Americans lost their lives in car crashes in 2017, and the vast majority were caused by driver negligence. While moving forward after a family member is tragically killed is incredibly difficult, facing the financial problems of life without a spouse or parent can compound the difficulty. 

If your loved one was fatally injured in a car accident, it is critical to pursue a wrongful death lawsuit against the negligent party. An experienced legal team can help you and your family receive the compensation you deserve. 

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Car accidents in Illinois can cause bodily injury or death. According to the most recent data from the Illinois Department of Transportation, there were 296,049 car accidents in the state in 2014. In about 20 percent of the crashes, injuries were sustained. In 845 car accidents that year, at least one person died.

If you have lost a loved one in a car accident where someone else is at fault, the law provides that you are entitled to compensation for your loss. Damages can include a family’s grief, sorrow, and mental suffering. These damages must be asserted in a wrongful death lawsuit.

Wrongful Death Lawsuits Have Certain Requirements

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For pedestrians, being near or attempting to cross busy roadways has always been dangerous. Cars speed by, drivers are often distracted, and the chances of an accident are high. Unfortunately for both Illinois pedestrians and pedestrians nationwide, new data indicates that pedestrian deaths are on the rise. Is it now more dangerous than ever to be a pedestrian in Illinois? An 18 Percent Increase Recently released data from the Illinois Department of Transportation shows an 18 percent increase in pedestrian fatalities in 2015. In 2015, 150 pedestrian deaths occurred in Illinois, compared to 127 in 2014. Federal data shows a similar trend: 4,884 pedestrians were killed nationwide in 2014, the highest number of deaths in one year since 2005, when 4,892 pedestrian fatalities occurred. While the 2015 numbers are still being finalized, officials say that early indicators are not looking good. Within the first nine months of 2015 there was a 9 percent increase in traffic fatalities, and officials say they expect the tally of pedestrian deaths for 2015 overall to be up from last year. Illinois has already seen many pedestrian fatalities in 2016, and state and national officials say there has been no better time to raise awareness and combat pedestrian fatalities. Why Are Pedestrian Deaths Increasing? State and national officials cite impaired or distracted drivers as one of the main causes behind the increase in deaths. Many communities have laws in place to combat distracted drivers, but many drivers unfortunately ignore those laws and continue dangerous habits like texting while driving. Poorly designed crosswalks and signals are also a factor in the increase of pedestrian fatalities. The Active Transportation Alliance says that many roads are built to move as much traffic as possible with little thought towards pedestrians. An Illinois law passed in 2010 requires that all drivers stop for pedestrians at crosswalks, but a survey conducted by the Alliance shows that many drivers are either unaware of the law or ignore it. Proposed solutions include changes to signal timing and countdowns, better signage at crosswalks, and concrete islands. Drivers and poorly marked crosswalks are not the only factors to blame, however. Officials have seen a significant increase in pedestrians texting, streaming videos, or using their smartphones and tablets while walking, making them oblivious to the dangers of walking near or attempting to cross a busy road. Some states, such as New Jersey, have even proposed penalties for distracted walking, but no such proposals have yet to be passed. Are You or a Loved One a Pedestrian Accident Victim?

Pedestrian accidents and deaths can occur on any road at any time. Even vehicles moving at slow speeds have the potential to cause serious bodily harm and even death. At the law offices of Salvi & Maher, LLP, our team of experienced Lake County personal injury attorneys has years of experience representing clients who have suffered due to negligent driving or wrongdoing. Let us help you through the recovery process and help you obtain the compensation you deserve. Call 847-622-3303 today to speak to a member of our team.

Sources:

http://www.dailyherald.com/article/20160516/news/160519100/

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If a loved one has been killed in a traffic accident, it can be difficult not to see any circumstance as one that can be deemed a “wrongful death.” In a court of law, however, a wrongful death in the event of a traffic accident is one determined by specific legal metrics pertaining to the circumstances of the accident. In a wrongful death case, the person responsible for the accident must be considered liable for the incident. If, for example, the driver was drunk behind the wheel when the accident occurred, he or she can likely be held liable for a wrongful death case. Conversely, if the brakes on the car malfunctioned he or she will likely not be considered liable in a wrongful death case.

The difference between a wrongful death and a reckless endangerment or vehicular manslaughter charge is subtle. A wrongful death case can be invoked if the court rules that a person cannot be held liable for manslaughter or unintentional death of another person. An easy rule of thumb to understand whether or not you have a case for wrongful death is to consider if the person would be able to recuperate damages in the event that he or she were still living. If the person could have sued someone and been entitled to a settlement, the chances are that his or her death can be considered “wrongful.”

Determining who can sue for wrongful death can be complicated as well. In Illinois, only the surviving spouse or next of kin can sue for wrongful death. This means that if you are the deceased’s non-married partner, for example, you may not likely be able to make the case. The jury decides the amount of damages that will be awarded based on a projection of cost for injuries resulting from grief, sorrow, and mental suffering. In many cases, if a person can make a case that he or she was unable to go to work after the loss of the loved one, he or she may also be able to make a case that the liability should include lost wages.

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