In the tragic event of a fatal car accident in Chicago, the loved ones left behind are not only dealing with immense emotional pain but also facing financial burdens. In such cases, seeking legal assistance from a skilled and compassionate Chicago fatal car accident lawyer from our car accident law firm, The Kryder Law Group, LLC Accident and Injury Lawyers, can help ease the burden and provide support during this difficult time.
What Are the Most Common Causes of Fatal Motor Vehicle Accidents in Chicago?
According to the Illinois Department of Transportation, in 2021, there were 1,217 fatal crashes in the state. Some of the most common causes of these fatal car accidents include:
- Distracted driving
- Drunk driving
- Speeding
- Reckless driving
- Failure to follow traffic laws and signals
- Defective vehicle parts or maintenance issues
When is a Fatal Car Accident a Wrongful Death in Illinois?
Under Illinois’ Wrongful Death Act, a wrongful death occurs when someone’s negligence or intentional act results in the death of another person. In the case of a fatal car accident, if the other driver was at fault for the car accident injuries and their actions led to the victim’s death, then it can be considered a wrongful death.
What Compensation Can Be Recovered in a Wrongful Death Lawsuit?
In a wrongful death lawsuit following a car crash, Chicago car accident lawyers can seek compensation for the loved ones of car accident victims:
- Medical expenses related to the accident
- Funeral and burial costs
- Loss of future income and financial support from the deceased
- Pain and suffering endured by the victim before their passing
- Loss of companionship
- And more
How Will My Chicago Car Accident Attorney Prove Wrongful Death?
Your Chicago car accident attorneys will gather evidence and build a strong personal injury claim to prove wrongful death. This may include:
- Police reports and witness testimonies
- Accident reconstruction experts
- Medical records and expert testimony
- Photos/videos of the accident scene and damages
- Employment/income documentation to establish financial loss
Who Can File a Wrongful Death Claim in a Fatal Car Accident?
Under the Wrongful Death Act, only certain individuals are eligible to file a wrongful death car accident lawsuit. Wrongful death lawsuits must be brought by the “personal representatives” of the deceased person.
Those who may recover financial compensation may be different from the personal representative. Typically, the surviving spouse and “next of kin” are entitled to recover damages.
Who Is Next of Kin?
In car accident cases resulting in wrongful death, the next of kin are the deceased person’s close family members and is defined by the Illinois Probate Act (755 ILCS 5/). Typically, the surviving spouse and the deceased person’s children are considered next of kin.
How Can a Chicago Fatal Accident Attorney Help Me?
A Chicago car accident lawyer will help you with every step of the filing process and beyond. Your experienced car accident attorney will:
- File your lawsuit
- Present evidence
- Interview witnesses
- Manage communications
- Negotiate and handle communication with the insurance company
- Guide the motor vehicle accident case to completion
Contact The Kryder Law Group, LLC Accident and Injury Lawyers
We offer a free consultation with an experienced car accident lawyer to discuss your car accident claim. This no-obligation meeting allows you to understand your legal options and how we can assist you in seeking justice and compensation for your loved one’s tragic auto accident.
(312) 223-1700