Car accidents happen all the time in Illinois. Sadly, some of those crashes result in the death of a loved one. If this type of tragedy has personally affected you and your family, you have a right to file a wrongful death lawsuit.
What are the main causes of car accidents?
Car accidents can happen for a variety of reasons. Unfortunately, many of those accidents can result in serious personal injury or even death. The following are the main causes of car accidents:
- Distracted driving such as texting while driving
- Driving under the influence of alcohol or drugs
- Driver fatigue
- Car manufacturer defects
- Inexperienced drivers or elderly drivers
- Poor weather conditions
- Reckless driving such as racing, speeding or disregarding traffic signs and signals
- Defects on roadways
If a person is killed in a car accident that involves any of those causes (among others), their surviving loved ones can file a wrongful death lawsuit.
What are the elements of a wrongful death claim?
While there are simple rules surrounding a personal injury claim, wrongful death involves a bit more. There are certain elements that must be in place in order to file a wrongful death lawsuit. They include the following:
- The driver caused the accident that killed your loved one
- That driver acted in a negligent manner and was wrongful and was at fault for the accident occurring
- Your deceased loved one has a surviving spouse, child or other dependents or beneficiaries
- Monetary damages were suffered as a result of your loved one’s death
Who can file a wrongful death lawsuit?
A surviving family member who is part of the deceased’s immediate family can file a wrongful death lawsuit. Usually, this would be the person’s spouse or child, but sometimes, it may be their parent. A personal representative of the deceased’s estate can also file on behalf of the family members.
An attorney may be able to help you if you have lost a loved one in a car accident. An attorney could help you prepare your lawsuit and fight to get you the compensation you deserve.