Wrongful Death Action in Illinois Car Accidents

The death of a loved one in an Illinois car wreck is an atrocity that, unfortunately, many people endure each year in the state. If you lost a spouse, child, or close relative in an Illinois car accident, you mighthave a claim for damages in Illinois courts as provided by the wrongful death statute in Illinois. The circumstances surrounding the fatal crash could give rise to various causes of action in Illinois courts or federal courts in Illinois that apply Illinois’ law in the case. Having some knowledge about the lawthat the courts will apply in the case can help you better understand the proceedings in your case.

Illinois courts use the traditional standard for negligence in wrongful death cases. For a jury to rule that a person engaged in negligent conduct for which he or she is legally responsible, the plaintiff must prove that the defendant owed the plaintiff a duty, for example,a responsibilityto drive safelyand the defendant failed to discharge that duty. The defendant’s failure to drive safely must be a cause of the victim’s injuries, or in a wrongful death case, the demise of the victim. Finally, the plaintiff, which is the party that filed the complaint in courtmust show that he or she suffered damages.

The Illinois wrongful death statute states that the claim for wrongful death must be filedby the personal representatives of the deceased person. A personal representative files legal action on behalf of theperson who died. Any amount of financial compensation won by the personal representative must be givento the surviving spouse of the decedent and the decedent’s next of kin. The state’s wrongful death statute allows the plaintiff to recover for the victim’s monetary losses such as medical bills, lost wages, future earnings and the like as well as pain and suffering.

See Messmore v. SILVIS Operations LLC.

If you or a loved one have been harmed in an auto crash, contact Stein & Shulman, LLC Today

Free, Instant Case Review – Call 312.422.0500

Have you been injured or was a family member harmed due to an accident in Illinois, receive your free accident case review with one of our wrongful death car accident lawyer in Chicago, Illinois. You can receive a case consultation at no cost to you by calling our office at 312.422.0500.

Stein & Shulman, LLC
134 N LaSalle St, #820
Chicago, IL 60602