Illinois Car Accidents and Wrongful Death Claims
Every day in Illinois people are injured in car accidents. It is an unfortunate fact of life that cars are dangerous but necessary for our daily lives. Most of us don’t realize it, but driving is one of the most dangerous activities we participate in regularly, so making sure to drive safely and defensively is essential for safety. Unfortunately, there are some accidents that are unavoidable and result in injury or death.
If you or a loved one has been in a car accident that resulted in either injury or death, speak to an injury attorney serving Illinois. If the accident resulted in the death of a loved one, you should call an Illinois wrongful death lawyer immediately. Consider Illinois attorney Jesse Guerra. Mr. Guerra is a trusted lawyer with decades of experience who specializes in Illinois car accidents and wrongful death claims.What Constitutes a Wrongful Death After a Car Accident?
A wrongful death is a death that is caused by the actions, intent, or negligence of another person or company. Personal injury lawyers usually handle wrongful death claims because they exist for a similar purpose. You can think of a wrongful death claim as a personal injury claim on behalf of a deceased individual. If they would have had a valid personal injury claim had they survived the accident, then their loved ones are able to bring a wrongful death claim.What Do You Need to Prove in a Wrongful Death Claim?
Since intentional car accident deaths are rare, usually negligence is the key factor in determining fault in a wrongful death claim. Negligence is defined as, “a departure from the conduct expected of a reasonably prudent person acting under similar circumstances.”
In car accident cases, this usually means not exercising proper care behind the wheel and or breaking the rules of the road.
Here are a few common examples of negligence in car accident cases:
- Texting and driving
- Driving under the influence
- Running red lights or stop signs
- Improper vehicle maintenance
You and your attorney must determine that the party that caused your loved one’s death was either negligent or intentional in causing your loved one’s death to have a successful wrongful death claim.
To prove negligence in the case, you will need to prove the following:
- That the defendant owed the deceased person a duty of care
- That the defendant breached that duty of care
- That the breach of duty of care caused the accident and death
- That the death caused the damages you are seeking to recover
When filing a wrongful death claim, you and your lawyer will be seeking damages to be recovered from the defendant or their insurance company. In wrongful death cases, there are two types of damages available to be recovered, economic and non-economic.
Economic damages are calculable and measurable whereas non-economic damages are not measurable and seek monetary compensation for emotions and feelings. Economic damages are things like medical bills, funeral expenses, lost wages, and lost benefits.
Non-economic damages are things like pain and suffering, mental anguish, and loss of companionship. Call an Illinois wrongful death lawyer to make sure that you get the compensation you deserve after the wrongful death of a loved one.How can a Lawyer Help?
Having an injury attorney serving Illinois on your side is essential after a car accident causes the wrongful death of a loved one. With an expert attorney on your side, you will be giving yourself the strongest opportunity to recover the maximum amount that you are entitled to. Let Illinois attorney Jesse Guerra help you fight for the money you deserve. Call today for a free, no-obligation consultation at 1-800-555-0101.