Filing A Wrongful Death Claim After A Fatal Car Accident
If your loved one has died as the result of a car accident in Illinois caused by
another person's negligence, you may have a number of responsibilities to handle during this difficult time. Besides funeral planning and of course grieving for your personal loss, you or another member of the victim's family may choose to pursue an Illinois wrongful death claim against the party responsible for the fatal car accident.
In order to file an Illinois wrongful death claim, there must have been wrongful or negligent actions that resulted in your loved one's death. Damages will only be recoverable if there is proof that someone was legally responsible for the fatal car accident, either through their actions or inactions.
Proving Negligence After a Fatal Car Accident
In the event of a fatal car accident, proving wrongful death will depend on establishing the negligence of another. This will of course depend on the specifics of the actual car accident and what evidence is available. For example, if the driver that caused the accident was speeding, driving recklessly or violating other traffic laws, this can be considered as negligence.
Likewise, if the driver was engaged in other unsafe driving behaviors such as texting while driving, driving under the influence of alcohol or drugs, or if they fell asleep at the wheel, you may be able to prove that negligence was involved in your loved one's passing.
Speaking to an experienced wrongful death attorney about your loved one's car accident can help you better understand any complexities that may be involved in establishing negligence.
Who can file an Illinois wrongful death claim?
Not just any family member or concerned party can file an Illinois wrongful death claim on behalf of their loved one. Only the personal representative of the estate has the ability to file this type of claim. In many cases, the will of the deceased designates a personal representative.
If there is not a will, then a court order can be issued to appoint a representative of the estate. This person will then be responsible for making the decision about whether or not to file an Illinois wrongful death claim.
The amount of compensation received in an Illinois wrongful death claim and who is eligible to receive that compensation is not something the representative gets to decide.
Wrongful Death Action and Survival Action in an Illinois Wrongful Death Claim
The amount of compensation that can be recovered in a wrongful death claim will depend on 2 factors:
Wrongful Death Action - compensation provided to the next of kin for the losses they have sustained as a result of the death.
Survival Action - compensation for any injuries received prior to death.
The wrongful death action covers the emotional and financial impact left on the victim's next of kin as a result of their passing. This includes potential compensation for loss of companionship and the loss of the victim's future income.
A survival action deals with injuries and expenses the victim experienced after the accident, but prior to their passing. For example, if after the accident your loved one was in the hospital for a month before they succumbed to their injuries, a survival action would seek damages for that month's worth of medical bills as well as the wages the victim lost by missing work during that time. Survival actions look at the same issues that a personal injury claim would have included had the victim survived.
An Illinois wrongful death claim can be very complicated. Contacting an attorney who is experienced with these types of claims can help you better understand your options at this time.
Copyright (c) 2010 Barry D
by: Barry D
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