What Should You Know About Pursuing a Wrongful Death Claim After a Car Accident?

Losing a loved one is a devastating experience. When that loss is caused by another’s negligence, emotional pain is often compounded, and financial strain may increase. Though it cannot fill the void left by a lost family member, filing a wrongful death claim in Illinois may be able to help your family secure the compensation needed to move forward.

At Saks, Robinson & Rittenberg, Ltd., we recognize that even considering this process can feel overwhelming. Our experienced attorneys are here to walk this path with you, assisting with the legal components so you can focus on what matters during this time.

Proving Negligence in a Wrongful Death Case

To have a valid wrongful death claim, you must prove that another party’s negligence directly caused the car accident and, consequently, the death of your loved one. This requires establishing that the at-fault driver breached their duty to operate their vehicle safely, leading to a fatal crash.

Who Can File a Wrongful Death Claim?

Under the Illinois Wrongful Death Act, the claim must be filed by the personal representative of the deceased person’s estate. This individual is responsible for managing the legal process on behalf of the surviving family members. The personal representative is typically a surviving spouse, adult child, or parent.

Who Receives Compensation?

While the personal representative is the one to file the claim, any compensation awarded is for the benefit of the deceased’s surviving family members. The primary beneficiaries are typically the spouse and children. If there is no surviving spouse or child, other dependents may be eligible to receive compensation.

Types of Compensation Available

A wrongful death claim enables families to seek damages for both tangible financial costs and intangible emotional losses.

Economic Losses

These include the measurable financial impacts resulting from the death, including:

• Funeral and burial expenses
• Medical bills incurred before death
• Loss of future income and financial support the deceased would have provided

Non-Economic Losses

These damages compensate for the profound emotional and personal losses suffered by the family, such as:

• Loss of companionship, guidance, and emotional support
• Grief, sorrow, and other mental suffering of the survivors

What is the Statute of Limitations?

In Illinois, there is a time limit for filing wrongful death claims. You typically must file within two years from the date of the person’s death, with certain specific exceptions. If you do not file within this period, you may completely lose your right to seek compensation. Acting promptly is crucial to protect your legal rights.

A Wrongful Death Attorney Can Help You Through This Time

Navigating a wrongful death claim is often legally and emotionally taxing. An experienced attorney can manage the legal burdens, from gathering applicable evidence to negotiating with insurance companies, allowing you time and space to focus on your family.

If you have lost a loved one in a fatal car accident, consulting with the skilled Chicago car accident attorneys at Saks, Robinson & Rittenberg, Ltd. could be an essential step toward securing the justice and compensation your family deserves. Contact our team today to learn more about how we can assist you through this difficult time.