Has someone you love been a victim of a fatal car accident recently? Contact our team of Illinois wrongful death lawyers today to schedule a free consultation. We will guide you through the legal process to secure your justice and compensation. If someone you love has passed away due to a fatal car accident in Illinois today, you will find that recovery from such a catastrophic event can be challenging. After enduring the deadly crash of a loved one, you may have experienced severe emotional trauma and mental strain as a result. Your family may require additional financial support due to extensive medical and funeral bills as well as lost income if you relied on the person who passed away for financial assistance. There are some resources available to help you during this difficult time. If You Have Lost Income as the Result of a Catastrophic Accident If your source of income has been impacted due to a fatal car accident, you can turn to multiple resources that will help you receive financial aid and support:
Suppose a loved one was involved in an Illinois wrongful death accident, and you would like to obtain a copy of the police report. In that case, you must first confirm that the Illinois State Police filed the report by checking the 'Investigated By' box on the motorist report. If they did, you must mail in a request with the following information: agency crash report number, date of the car accident, where the accident occurred, and the names of everyone involved. A payment of $5.00 must also be submitted with the request. If you or a loved one was involved in a car accident and still need a copy of the report, we can help you retrieve one. Our dedicated local car accident attorney will provide you with a free copy of your police incident report.
Accidents not only inflict terrible or fatal injuries on the body but can also leave a lasting impact on a victim's mind. If you require emotional support or counseling to cope with your experience in a catastrophic vehicular accident, be sure to visit the links below:
You may require additional help for fees related to legal assistance and medical bills. If this is the case, be sure to consider the following resources:
Drunk driving is a terrible offense that can result in severe damage to innocent victims, their families, and friends. As reinforced by statewide law, the Illinois DMV has set the limits of blood alcohol concentration (BAC) at 0.08% for all drivers. Motorists may also face additional charges if their BAC ranges from 0.05% to 0.08% if the police officer has confirmed the suspect acts erratically. Currently, Illinois ranks 41 among the states with severe problems related to drunk driving incidents. If a DUI incident has victimized you, a loved one, or a friend and require more in-depth support, visit the following links:
In recent years, the State of Illinois has established tactics for preventing unfortunate motor vehicle accidents and resulting fatalities.
At Local Accident Reports, we support several of these charities throughout Illinois. These compassionate professionals and volunteers touch the lives of victims dealing with the aftermath of life-changing accidents.
The experience of a loved one passing away suddenly hits families hard. The family members left behind can find it difficult to move forward. It is perhaps even more troubling when someone else's reckless conduct caused the death. Often, the surviving family has numerous questions following such a tragedy. At Local Accident Reports, we seek to answer common questions about wrongful death claims.
As per the Illinois statutes (740 ILCS 180/), wrongful death happens as a result of a "wrongful act, neglect or default." Some of the most typical claims for wrongful death include:
Civil cases include the claims categories listed above. On the other hand, some wrongful death instances are classified as criminal cases. It's a criminal act when someone dies due to an assault or homicide.
Lawsuits require a lot of time, effort, and legal savvy. When you know how the judicial system works, it is easier to prepare for a case. Fortunately, a skilled Illinois attorney can handle the legal legwork for you. Here's a quick overview of the steps taken when pursuing a wrongful death claim.
The person bringing the case is known as the plaintiff. They bear the burden of proof as defined by law. In these situations, proving a wrongful act took place requires meeting the following four legal requirements:
Evidence is essential to support your claim. That's when an experienced lawyer can help you the most. They can gather compelling information to satisfy the four elements of negligence.
In most states, surviving family members can file a lawsuit. However, Illinois does things a bit differently. According to the law, only a personal representative or executor of the deceased person's estate can file a lawsuit (740 ILCS 180/). What if the person dies without having a representative or estate plan? In this case, the court will appoint a personal representative. However, a family member can function in this role, but it's not mandatory.
The statute of limitations limits your window of opportunity to bring a wrongful death claim. You have two years in Illinois to file. The day the departed loved one passes away is when the deadline begins. However, in cases involving a minor child or a death outside of Illinois, the timeframe could be extended.
In a wrongful death case, damages are the monetary reward that the surviving family may seek. Damages fall into three categories: economic, non-economic, and punitive. The first category is compensation for future earnings, burial costs, and hospital bills. Second is financial support for the emotional and mental distress associated with the loss of a loved one. Finally, courts may impose punitive damages to punish a defendant and discourage egregious acts of misconduct.
The wrongful death of someone you love can have financial consequences. The compensation from a settlement or lawsuit can aid families in getting through difficult times. A claim's value is based on tangible and non-tangible factors. These include:
Other factors include the deceased's age and health status. The claim needs an in-depth analysis to be calculated accurately.
Legal proceedings can last from a few months to several years. This is because each case is unique and difficult. For example, a wrongful death case could be resolved quickly after a fatal accident involving a car or pedestrian. However, a case where a semi-truck causes a fatality due to a faulty braking system, for example, could take longer to adjudicate. In this case, multiple parties, such as the manufacturer and the trucking company, could be liable. The amount of evidence, settlement negotiations, and dockets of court cases can also prolong the claim's duration. A lawyer can tell you what to expect, but they cannot give a precise completion date.
Having legal representation is not required by law. However, it is strongly advised. An Illinois attorney is well-versed in local and statewide laws. Their professional training and skill set enable them to manage the legal process. They can take care of everything from filing the correct documents to representing you in a court trial. They have what it takes to fight for you, demand justice, and recover full compensation. Having a qualified attorney in your corner increases your chances of winning your case.
You can as long as you meet Illinois' modified comparative negligence rule. If the departed person contributed less than 50% to the accident, you may be able to seek damages. Here's an example of how this legal theory applies to a wrongful death claim: Suppose the total award amount is $200,000. If a deceased individual is 20% at fault, the compensation amount is reduced based on their level of negligence. In this scenario, the plaintiff (the party suing) will receive $160,000.
Let us begin by examining their shared attributes. Both claims center on another person's wrongdoing or negligence. The critical distinction is who is eligible to bring a claim. Illinois law requires a personal representative or the deceased person's estate to file a wrongful death claim. In an individual case, the injured person files a lawsuit against the negligent party.
Dial 911. Record the accident scene with pictures or videos. Additionally, get any witnesses' contact information. See a doctor soon after the incident, even if you don't have any visible injuries. You may exhibit symptoms days or weeks later. Save all your bills and medical records. Report the accident to your insurance. Finally, get in touch with a personal injury lawyer who has experience in auto accidents. They can provide a free case evaluation, sharing with you the strengths and weaknesses of your case and the next steps to take.
Numbers tell stories. Sometimes, these traffic data depict real-life horror stories. As of July 2023, The Prairie State has a population of 12,549,689. Unfortunately, too many Idahoans have suffered fatal traffic accidents. Whether driving, walking, or cycling, it helps to know more about the potential risks. Below, we highlight some key statistics to help raise awareness surrounding road safety.
The Illinois Department of Transportation (IDOT) has a Strategic Highway Safety Plan. The mission is to put in place programs and initiatives geared toward preventing serious crash injuries and deaths on the state's roadways. These statistics and crash reports can serve as an eye-opener for all Illinois residents. The numbers reveal the need to make road safety a top priority. After all, there are real lives behind each stat and crash call. Bringing attention to roadway hazards can help us make better decisions. Safer choices are vital to preventing auto accidents, injuries, and fatalities.
The loss of a loved one due to someone else’s negligence is incredibly painful, and it’s understandable if you’re uncertain about pursuing a wrongful death claim. At Local Accident Reports, our skilled Illinois wrongful death attorneys are ready to assist you. We offer a free consultation to evaluate your case, clarify your legal rights, and explore your options. We’ll be by your side from start to finish, ensuring your interests are fully protected throughout the legal process. While we can’t undo the past, we aim to help you obtain the financial compensation your family needs to alleviate any added burdens. Contact us at (888) 657-1460 to speak with an experienced attorney.
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