Pursuing an Illinois Wrongful Death Case Arising from an Auto Accident

stop signIf you lose a loved one as a result of someone else’s wrongful action or inaction, it is important to understand that you only have a limited time to assert your rights through the legal system. In the circumstance of a wrongful death that is a result of an auto accident, you have either two years from the date of the accident or one year from the date of the victim’s death, whichever is later. It is very important to be keenly aware of these deadlines because a failure to comply with the statute of limitations can result in a dismissal and no compensation, regardless of how strong your evidence is. That’s one reason why it is important to contact an experienced Chicago wrongful death attorney about your situation and the options for proceeding.

The underlying accident in a recent case, as reported by theherald-news.com, was a tragic car crash in the small village of Beecher in Will County. Sean, a 25-year-old local man, was allegedly speeding. In fact, he was allegedly going more than 20 miles per hour over the 55 mph speed limit when he blew through a stop sign and slammed into an SUV carrying a pregnant mom and her three young sons. The mother and youngest son died at the scene, while the other two boys died a few days later, according to the report.

The husband and father of the victims sued the driver under the Illinois Wrongful Death Act. Under the Illinois statute, only a limited number of people can bring a wrongful death action. These include a spouse, an adult child, or a parent (if the deceased person is a minor). Since the dead people in this case were the man’s wife and his three sons, he clearly was someone legally permitted to bring a wrongful death lawsuit.

The law permits the recovery of various types of damages in a wrongful death case, including damages for grief and mental anguish. If your wrongful death case is a result of an auto accident, it is important to make sure you include insurer(s), when appropriate, in your action. The naming of insurer(s) as part of your case can better ensure that you get the full compensation you deserve, even if the person who caused the accident was a person of limited wealth.

In the Will County case, the father was able to pursue both the driver and his insurance company in the case. This allowed the father to eventually reach a settlement in the amount of $300,000, which represented the policy limit of Sean’s policy.

The loss of a loved one due to another person’s negligent action or inaction is a profoundly painful experience. That loss, in addition to leaving an emotional void, may have certain additional impacts on your family and may create a right to pursue compensation. While no sum will compensate for a lost loved one, an award of damages may be both needed and appropriate. For thoughtful and helpful advice and representation in a wrongful death case, reach out to the experienced Chicago wrongful death attorneys at Katz, Friedman, Eagle, Eisenstein, Johnson & Bareck. Our team can help you handle your injury case at every step of the way. To set up a free case evaluation, contact us at 800-444-1525 or through our website.

More Blog Posts:

When You Can Sue an Illinois Employer for the Criminal Acts of Its Employee, Chicago Injury Attorneys Blog, April 10, 2018

Party Bus Accident on Chicago Interstate Highway Leads to One Death and Legal Action, Chicago Injury Attorneys Blog, Nov. 22, 2017

Photo Credit: ElasticComputeFarm, [CC0 License], via Pixabay