What Types of Damages Are Available in a Wrongful Death Lawsuit for a Fatal Pedestrian Accident?

 Posted on March 09, 2020 in Wrongful Death

The unexpected loss of a loved one is tragic regardless of the circumstances but losing a loved one in a fatal pedestrian accident is often especially heart-wrenching. Knowing that your loved one’s last moments involved a violent vehicle collision can cause you agonizing grief that lasts for years. If you have lost a loved one in this manner, you know that personal grief is not the only consequence of such a tragedy. You must also find a way to survive the burdensome financial consequences of the loss. One way that you may be able to receive financial relief is through a wrongful death claim.

Determining When a Successful Wrongful Death Claim Is Possible

In January of this year, a 46-year-old woman died after being struck and killed in a Waukegan hit-and-run accident. Drivers who leave the scene of an accident after striking a pedestrian are likely to face serious criminal consequences for their actions. Drivers involved in pedestrian accidents while driving under the influence of alcohol or drugs (DUI) will also face criminal charges. Although criminal charges are not a requirement for a successful personal injury claim, criminal charges are likely to make the process of recovering damages easier.

If the pedestrian accident was not the result of DUI, hit and run, reckless driving, or another violation of the law, the driver’s fault for the accident will need to be established. An experienced personal injury lawyer can help you gather evidence and examine information that may prove the driver’s negligence.

Types of Compensation Available in a Pedestrian Car Accident Case

There are two main types of damages available in an Illinois wrongful death lawsuit. Economic damages include costs incurred by the victim’s death such as medical expenses, funeral and burial costs, and loss of the victim’s income and benefits. Non-economic damages are the intangible harm caused by the death. This may include compensation for the survivors' mental anguish and grief due to the loss of their loved one. 

Depending on the circumstances, the decedent's next of kin could also collect non-economic damages for what is known as "loss of society." Loss of society refers to the interactions that the survivors enjoyed with the decedent and that they expected to continue to enjoy in the future. In practice, loss of society in a wrongful death action includes:

• Loss of the love and companionship provided by the victim to surviving loved ones
• Loss of the care, training, protection, and nurturing provided by the victim to his or her child 
• Loss of affection between the victim and the surviving family members

Contact a Lake County Wrongful Death Lawyer

The financial harm caused by the unexpected death of a loved one can be devastating for surviving family members. Fortunately, when the death is caused by another party’s negligence or wrongdoing, a wrongful death claim may help the family collect compensation for their losses. To learn more, contact an experienced Waukegan personal injury attorney from Salvi & Maher, L.L.C. Call us at 847-662-3303 today and schedule a free, confidential consultation.

Sources:

https://abc7chicago.com/5897113/

https://courts.illinois.gov/CircuitCourt/CivilJuryInstructions/IL_IPI_Civil.pdf