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Filing a Wrongful Death Claim After Losing a Loved One in an Accident

 Posted on November 17, 2020 in Wrongful Death

Barrington wrongful death attorneyRoughly 90 individuals tragically lose their lives in auto accidents every day in the U.S. If you have recently lost a loved one in a car accident, you may be interested in learning about your legal options. If your loved one’s death was caused by someone driving under the influence of alcohol (DUI) or violating other Illinois laws, the at-fault driver may face criminal charges. You also have the option of bringing a civil claim against the at-fault driver. Before proceeding with your case, it is important to have a good understanding of what is considered a wrongful death and what the legal claim process involves.

Understanding The Term “Wrongful Death”

According to Illinois law, a wrongful death is one that is caused by the wrongful, malicious, negligent, or reckless actions of another party. Wrongful death claims often accompany criminal charges for DUI or reckless driving, but criminal charges are not a prerequisite for a wrongful death claim. Many wrongful death claims involve:

  • Speeding

  • Reckless driving

  • Drunk driving or drugged driving

  • Drowsy driving or falling asleep at the wheel

  • Fallen truck cargo

  • Pedestrian-vehicle collisions

  • Defective vehicle parts

Illinois wrongful death claims may be brought by a personal representative of the deceased person’s estate. This is typically a relative such as a spouse, parent, or adult child.

How a Wrongful Death Claim Can Benefit You

There is no legal action that could ever make up for the tragic loss of a family member. However, a wrongful death claim could benefit you and your family in several ways. Wrongful death claims are often used as a means of holding a party accountable for someone’s death. The burden of proof that must be met is lower in wrongful death lawsuits than it is in criminal trials. This means that you may be able to bring a successful wrongful death claim even if the at-fault party avoided a criminal conviction. A wrongful death claim may also allow you to recover damages. You may be awarded financial compensation for the loss of your loved one’s income and financial support, medical expenses incurred between his or her accident and death, funeral and burial expenses, and more. Compensation for the loss of your loved one’s companionship or “society” may also be available.

Contact a Lake County Fatal Car Accident Lawyer

If your loved one was killed in a car accident, the at-fault party should be held accountable for their actions. Contact Barrington Injury Attorneys to discuss your legal options, as you may be entitled to compensation for your losses. Call our Barrington wrongful death attorneys at 224-900-HURT and schedule your free, no-obligation consultation.



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