Articles Posted in Wrongful Death

If you are a close loved one of someone who died in an auto accident, you likely have many things on your plate in the days, weeks and months after the tragic incident. You may be dealing with interactions with friends and family. You may be dealing with the deceased’s personal effects and final arrangements. You are doubtlessly dealing with your own emotions. On top of all that, there may the matter of possible legal action based upon the accident. As you deal with the multitude of personal and family issues that require your attention, leave the litigation issues to the legal professionals. Retain knowledgeable Chicago auto accident counsel to be sure that your case gets the legal representation it needs.

Patch.com recently reported on a wrongful death filing submitted in nearby Will County. In that civil court complaint, the estate of a woman fatally injured in a crash just west of Joliet had sued two drivers. The complaint alleged that J.B., an elderly woman, was riding in a minivan that was being driven by E.C., her caretaker. E.C. was traveling west on a city street near an interstate overpass. A.R. was driving his 1999 Mitsubishi eastbound on the same road. As the two vehicles crossed paths, a massive collision occurred.

The lawsuit named both E.C. and A.R. as defendants. The complaint alleged E.C. was negligent in her driving and therefore liable. Specifically, the lawsuit asserted that E.C. had a solid red traffic light in her direction but that, in spite of her red light, she improperly failed to yield the right of way. The lawsuit also named A.R. and asserted that he was negligent.

If 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.

Illinois law allows injured people to hold employers liable for the acts of their employees in certain situations. While the law generally says that one party cannot be liable for the criminal acts of another, the law does demand that employers “act reasonably in hiring, supervising and retaining” their employees. In order to succeed under Illinois law, you must show that the employer knew or should have known that the employee in question posed a danger to third parties (and that this problem was known at the time of hiring or retention), and this problem was the cause of the plaintiff’s injuries. If you’ve been injured because an employer didn’t do enough to stop one of its employees, you may have a case and should consult Illinois injury counsel about your circumstances.

The details of one recent federal case were truly tragic. Alisha, who was from just outside Chicago, had worked for a “big box” home improvement store since she was 16. During her five-year tenure with the store, Alisha only had one supervisor. That supervisor allegedly verbally abused her at work and monitored her activity both during and outside work. The supervisor also required that she accompany him on business trips. Eventually, he demanded that she accompany him to his sister’s wedding in Wisconsin, threatening to reduce her hours or terminate her employment completely if she refused. She went. After the wedding, he raped and killed her.

Alisha’s mother, Sherry, sued the employer for wrongful death. She argued that the employer knew about the supervisor’s disturbing propensities and did not do enough. By failing to take appropriate steps, the employer was liable for the supervisor’s violent acts.

When you are injured in a bus accident, you may have multiple different ways that you can secure a legal recovery for the damages you suffered. If the driver of the bus drove the vehicle in a manner that was not consistent with reasonable standards of safety, that may create liability. If the owner did not maintain the bus properly in terms of safety or if the bus had safety issues in the way it was manufactured, these too could create a viable case. However you’ve been injured in a bus accident, you should contact knowledgeable Illinois bus accident counsel to help you protect and pursue your case.

One tragic recent bus accident situation involved a suburban Chicago man. Jimmy was out with friends on the night of June 2, 2017 to celebrate the birthday of a former co-worker. To facilitate the festivities and promote safety, none of the group was driving – they traveled aboard a party bus. At a little before 3:00 am, the group was still traveling and partying. They were headed northbound on the Tri-State Tollway when Jimmy got up to turn up the volume on the bus’ radio, according to Patch.com.

However, as Jimmy reached for the volume knob, something went wrong. He tripped and fell, and, when he did, he tumbled down the bus’ stairs toward the doors. When he hit the doors, the doors flung open, leaving Jimmy to fall out of the bus and onto the surface of the I-294 travel lane immediately to the bus’ right. The driver of an SUV, who did not stop, ran over Jimmy and killed him, according to the Patch report.

In a personal injury case, you’ll likely need a variety of types of evidence to support your claims. This might include expert opinions, eyewitness testimony, document evidence, and photographic evidence. In the recent wrongful death case of a Chicago-area bicyclist, the bicyclist’s family had all of these things. With this substantial evidence backing up the plaintiffs’ case, the Illinois Appellate Court ruled that the trial court was not unreasonable in finding for the plaintiffs and awarding $1.875 million in damages.

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Schools at all levels, as part of the responsibility entrusted to them to safeguard the safety of their students, face the ongoing problem of hazing. One case that made headlines was the death of a pledge who passed away after a night of excessive drinking at an Illinois university fraternity house in November 2012. The case yielded the criminal prosecution of 22 students and a wrongful death lawsuit by the parents of the dead student. A ruling last year by the First District Appellate Court revived the parents’ civil case and gave them a renewed opportunity to recover compensation for the wrongful death of their son.

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In any school setting, school officials are responsible for the school’s students…all of those students, regardless of need. In any school, there are some students whose special needs may mean that extra steps are necessary to do a proper job of safeguarding those students’ physical well-being. According to a Chicago family’s lawsuit, a school’s failure to care properly for a 14-year-old boy with autism before allowing him in the school pool ended with the boy dead.

According to reports by multiple news sources, including the Chicago Tribune, the tragic drowning took place this past January at a Chicago public high school on the city’s southwest side. A group of students with special needs was using the school’s pool when it was discovered that one of the students was at the bottom of the pool. The boy was retrieved from the water, and attempts were made to try to revive him; however, he was already dead.

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