Losing a spouse is one of the most heart-wrenching things anyone could ever go through. It is especially tragic when a person loses his or her spouse in a sudden accident. If your spouse died in a fatal car accident, motorcycle crash, or truck accident, it is important to explore your legal options. A wrongful death case may help your family in two major ways: First, a wrongful death claim is a means of holding the at-fault party accountable for your tragic loss. Secondly, a wrongful death claim may allow for the recovery of monetary damages.
How Do I Know if My Loved One’s Death is a “Wrongful Death?”
Any unexpected loss feels “wrongful.” However, Illinois law defines wrongful death as a death caused by negligent or unlawful actions. Negligence occurs when a party fails to uphold a legal duty. For example, drivers have a duty to remain attentive and follow Illinois traffic laws. A trucking company has a duty to ensure that its fleet of trucks is properly maintained and does not present a risk of danger to other motorists. A tire manufacturer has a duty to ensure that design defects within the tire do not increase the risk of blowouts or other malfunctions. These are just a few of the ways that negligence can lead to wrongful death.
What Do I Have to Prove to Win My Wrongful Death Case?
For a wrongful death claim to be successful, you will need to show that:
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The defendant owed a duty of care to the deceased person.
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The defendant breached the duty of care.
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The person’s death was caused by a breach of duty.
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The person’s death resulted in quantifiable damages such as loss of services, loss of income, or funeral costs.
A skilled wrongful death attorney can help you find evidence to demonstrate each of these elements. In many fatal traffic accidents, evidence like dash camera footage, traffic camera footage, event data recorder information, and witness statements are used to demonstrate the defendant’s negligence. Medical evidence or testimony from expert witnesses may also be used to demonstrate how the defendant’s actions caused the person’s death and the resulting damages.
Contact a McHenry County Wrongful Death Lawyer for Help
If your spouse passed away in a car accident, contact the compassionate and skilled Crystal Lake car accident attorneys at [[title]] to discuss your legal options. A wrongful death action may help you seek justice for your loved one and recover compensation for your financial losses. Call [[phone]] today for a free, no-obligation consultation.
Source:
https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2059&ChapterID=57