What You Need to Know about Wrongful Death Claims in Car Accident Cases

 Posted on December 00,0000 in Wrongful Death

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

Under Illinois law, wrongful death lawsuits must be brought by the personal representative of the decedent’s estate. A personal representative is a person who helps oversee the distribution of the decedent’s assets and belongings.

Sometimes, an accident victim will have a will that names a personal representative. If there is not a will in effect or it does not name a personal representative, the court will appoint one.

A personal representative can be:

• The spouse of the deceased;
• A parent, if the deceased is a minor child of a minor child; or
• An adult child of the deceased.

The personal representative will file the lawsuit, and any proceeds from the lawsuit or settlement will become part of the decedent’s estate. The funds will be distributed through the estate to the closest family members.

A Civil Suit Is Not the Same as a Criminal Trial

Some people believe that they will receive a monetary award from a criminal conviction secured after a trial brought by the state. This type of trial is meant to punish the at-fault driver and will not compensate surviving victims.

Contact a Lake County Car Accident Lawyer

If you have suffered the loss of a loved one due to a car accident, you must bring your case in accordance with the law. Retaining an attorney who has experience in serious car accidents is crucial to maximizing your recovery.

Our firm accepts wrongful death cases on a contingency fee basis. This means that our attorneys do not get paid unless you are compensated. Contact the skilled Lake County wrongful death attorneys of Salvi & Maher, LLP at 847-622-3303 to set up your first meeting or a consultation.

Source:

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

http://www.idot.illinois.gov/Assets/uploads/files/Transportation-System/Resources/Safety/Crash-Reports/crash-facts/2014%20CF.pdf