Fatal Car Crashes and Wrongful Death Actions

 Posted on October 17, 2018 in Car Accidents

Approximately 30,000 fatal auto accidents occur each year. In those crashes, there are victims—lloved ones who were taken from their families. Grief, anger, resentment, financial loss, and immeasurable emotional devastation are in the aftermath of that loss. Some immediately search for justice. For others, the thought of pursuing a claim seems like an insurmountable challenge—one best avoided until after the grief and pain have subsided. Unfortunately, by then, it may be too late. If you have lost someone you love in a car crash, understand why you should pursue a wrongful death claim, and how an attorney can help to ease your burden in the difficult journey ahead.

Compensation is Not Meant to Replace Your Loved One

Often, the families of victims are put off by the idea of a lawsuit because they feel it is pointless. Money will not bring back what was taken from them, and the grief of drudging it all up seems hardly worth it. They look at it as punishing someone else when, in reality, the compensation is about easing the burden they bear, and may continue to experience, as the months and years pass.

Death experienced during an auto accident creates unpaid medical bills. It takes away an income and makes paying for even the necessities of life more difficult. Sometimes, these accidents even leave behind dependents, including young children for whom the deceased parent may have been saving, in the event that they decided to go to college, or maybe to pay for that first car. True, some of these things may not be “necessities,” but they are losses, nonetheless. They were also the wishes, hopes, and dreams of the deceased. The love cannot be given back, and the hole left by their absence cannot be filled, but the monetary losses can be recovered. That is the purpose of wrongful death compensation.

When Should You Pursue a Wrongful Death Claim?

Under the Illinois Wrongful Death Act, the family of a victim (or the executor of their will) has two years to file a wrongful death lawsuit. This might seem like a long period of time, but it goes by quickly. Furthermore, these cases are often complex, require a great deal of proof, and can take years to fully complete. For this reason, anyone planning to pursue a wrongful death claim should do so as soon as humanly possible.  

The Importance of Skilled Legal Representation

Although it is not required to hire an attorney in a wrongful death claim, doing so is highly encouraged because of the complexity of such claims and their emotional nature. You need time to heal and grieve, and you should not have the bear the burden of making phone calls, collecting witness statements and police reports, or examining photographs of the accident scene. Your family has already been through enough, which is exactly why our attorneys work so hard to ensure your case is handled proficiently, compassionately, and with the greatest amount of care.

At Schwartz Injury Law, we understand that a wrongful death claim is more than just a lawsuit. It is a grieving family, trying to make sense of what was taken. It is a son, a daughter, a wife, a husband who simply needs someone to stand by them, working as an advocate who will protect their rights against the insensitivity of insurance companies and negligent defendants who may try to excuse their actions. Our Orland Park personal injury attorneys offer all of this and more. Call 708-888-2160 to learn how we can help with your case.

Sources:

http://www-fars.nhtsa.dot.gov/Main/index.aspx

http://www.illinoiscourts.gov/circuitcourt/civiljuryinstructions/31.00.pdf

http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2059