Wrongful Death in Illinois Car Accidents

The number of fatal car accidents in Illinois remains high, with 1,280 deaths occurring on state roadways in a recent year. If your loved one was killed in an accident that was someone else’s fault, you need our Chicago fatal car accident lawyers to help you demand justice. An attorney from Salvi, Schostok & Pritchard P.C. can pursue compensation for your family and a measure of justice for your loved one while you grieve your loss.

We offer free consultations and don’t charge a fee unless we win. Contact us today to discuss your legal options in a confidential case review.

How an Experienced Chicago Car Accident Lawyer Can Help

A cause of action for wrongful death arises when someone is killed due to someone else’s negligent or intentional act. If your family member died in an accident someone else caused, you may be eligible to file a wrongful death suit.

The attorneys at Salvi, Schostok & Pritchard P.C. have extensive experience helping grieving families of fatal car accident victims seek the money they need to rebuild their lives. We recently secured a $12 million jury verdict for the family of a man who was hit and killed by a speeding driver while he was on his way home from work.

While a successful wrongful death lawsuit cannot replace your loved one, our attorneys will do everything we can to secure the compensation you deserve by aggressively pursuing a wrongful death claim. We can prepare a strong case by:

Thoroughly investigating the facts and circumstances of the accident
Calculating the financial losses and expenses related to your loved one’s death
Determining the compensation you may seek in the lawsuit
Negotiating with insurance companies for a full and fair settlement
Timely filing a wrongful death lawsuit if the insurance companies refuse to settle the case for the compensation you deserve

Understanding Illinois Wrongful Death Claims for Car Accidents

The laws regarding wrongful death in Illinois can be confusing, so having an experienced and knowledgeable Chicago wrongful death attorney on your side is crucial. Here are the answers to some frequently asked questions about Illinois wrongful death laws.

Who Can Recover Benefits?

The Illinois Wrongful Death Act dictates who can recover benefits in a wrongful death lawsuit. The personal representatives of the decedent must bring the action. The act provides that any money recovered in the suit is for the exclusive benefit of the deceased person’s spouse and next of kin.

The amount recovered is distributed by the court that hears the case or, if the matter settles, by the circuit court. The proportion of the money received by the eligible parties is based on the percentage of dependency that person had on the decedent.

What Damages Are Available?

Your attorney will file suit to recover the losses related to your loved one’s death, including money for medical treatment your loved one received after the accident and the loss of their future income, as well as funeral expenses. Certain intangible losses, such as the loss of services and loss of companionship, are also recoverable in a wrongful death action.

Are There Any Time Limitations to Filing Suit?

Yes, the statute of limitations for wrongful death claims sets the deadline for when you must file suit. In Illinois, you have two years from the date of the decedent’s death to file a wrongful death lawsuit.

What Is the Difference Between a Wrongful Death Case and Survival Action?

As outlined in the Illinois Survival Act, a survival action seeks compensation for the decedent’s injuries and losses before their death. It includes damages the deceased could have sought had they lived. In this sense, it is a personal injury lawsuit that survives the person who would have had grounds to file it. Unlike in a wrongful death case, the money is awarded to the deceased person’s estate rather than their spouse or next of kin.

Examples of Wrongful Death Cases

At Salvi, Schostok & Pritchard P.C., our wrongful death attorneys have an extensive track record of successfully recovering compensation for families impacted by the untimely death of a loved one in car accident cases. A few examples of our successes in wrongful death cases involving car accidents include:

A $12 million settlement for the family of a mail carrier who was killed in a high-speed crash in Wheeling
An $11.25 million verdict for the family of a 33-year-old mother who lost her life in a double-fatal car accident in Winnebago County
A $9 million verdict for the survivors of a father and son who were killed in a collision with a construction supplier’s truck that ran a stop sign in Boone County
A $7 million settlement for the family of a woman who was killed when the limousine she was riding in lost control in a snowstorm and hit a car head-on in Chicago

Keep in mind that these are simply examples of previous cases our attorneys have won. The specific facts and circumstances of your situation will affect how much compensation you could be entitled to recover.

Compensation in Wrongful Death Claims

The specific amount of money you might recover in your wrongful death claim depends on the circumstances of your loved one’s passing. Your attorney will advise you of the economic and non-economic compensation you may be entitled to claim.

The economic damages you may seek are the quantifiable losses, including:

Medical expenses
Funeral and burial expenses
Loss of expected lifetime income of the decedent

Examples of the non-economic losses your attorney may assist you in demanding include:

Loss of services
Loss of companionship
Loss of consortium
Grief, sorrow, and mental suffering

If the case goes to trial, a jury may award punitive damages in exceptional situations. To be eligible for punitive damages, the evidence must show your loved one died due to the at-fault party’s willful, wanton, or reckless conduct. The purpose of punitive damages is to punish the responsible party for their conduct, not as compensation for the decedent’s family. You cannot ask for these punitive damages. Instead, the jury will consider the facts and decide on its own whether to render them.

As for how the money from a successful wrongful death claim may be divided, the court determines settlement distribution in Illinois based on the family members’ relationship or dependency on the decedent. The Wrongful Death Act provides that the trial judge will conduct a hearing to determine the degree of dependency of each beneficiary to calculate the amount of money to be awarded to each. The judge will take into account any reduction in compensation related to the decedent’s or the beneficiary’s fault in the accident.

Contact Salvi, Schostok & Pritchard P.C. for Help with Your Wrongful Death Claim

A Chicago wrongful death lawyer with Salvi, Schostok & Pritchard P.C. is standing by to help you demand justice for your loved one after a fatal accident. Our results speak for themselves, as we have recovered over $2 billion for our deserving clients to date.