What Can I Do if a Family Member Was Killed in an Illinois Car Accident?

 Posted on October 31, 2019 in Blog Post

One of the hardest things we will all have to do at some point in this life is to grieve the death of a loved one. When their death is untimely and preventable, it can be even more heartbreaking for family members. According to the National Highway Traffic Safety Administration (NHTSA), more than 37,000 people were killed in traffic accidents in 2017. Losing a loved one in a car accident can be hard to deal with, especially if the other party was at fault and they were able to walk away from the accident. Fortunately, the state of Illinois allows family members to claim compensation in their loved ones’ name in what is known as a wrongful death claim.

What Is Wrongful Death?

Wrongful death lawsuits are wide-reaching; they can cover a variety of intentional or unintentional actions taken by individuals, a group of people or even companies as a whole. Specifically, the Wrongful Death Act states that wrongful death can be caused by “wrongful act, neglect or default.” Wrongful death acts are also typically acts that would have entitled the deceased to file a personal injury claim if death had not ensued.

Requirements for Filing a Wrongful Death Lawsuit

To file a wrongful death lawsuit, the deceased person’s personal representative must do so. Usually, this person is the deceased’s spouse or a close family member, which can also include the deceased’s children or adoptive parents. This person can also be a person who has been appointed by the court to manage the deceased person’s estate. The statute of limitations is two years for wrongful death lawsuits, but that is extended to five years if the death was due to violent intentional conduct.

What Types of Damages Can Be Claimed?

There are a few different types of damages you can seek if you are filing a wrongful death lawsuit. These damages include:

• Loss of support, such as the loss of income or job-related benefits
• Loss of services, such as the loss of a parent-child relationship
• Loss of society, meaning the loss of the love, protection or companionship
• Funeral and burial expenses

A Park Ridge, IL Wrongful Death Attorney Can Help You With Your Claim

If your loved one has been killed in a motor vehicle accident, the last thing you want to think about is how you can claim compensation for them. Fortunately, the state of Illinois has put a two-year statute of limitations on wrongful death claims, so you can proceed with the claim at your comfort. At the Quinn Law Group, LLC, we understand that no amount of compensation can bring back your loved one, but we are dedicated to helping you recover much-needed compensation for your family. Call our skilled Glenview, IL wrongful death lawyers today at 847-232-7180 to schedule a free consultation.

Sources:

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

https://www.nhtsa.gov/press-releases/us-dot-announces-2017-roadway-fatalities-down