Illinois Wrongful Death Caused by Car Accident
Car accident wrongful deaths are just a part of the National Highway Traffic Safety Administration’s (NHTSA) report that 33,808 died in motor vehicle accidents in the United States in 2009. The number of wrongful deaths caused by car accidents has been on the decline. Even though the fact that the number of wrongful deaths caused by car accidents has decreased, it is still alarming that so many families are crushed by the loss of a loved one in a wrongful death car accident.
Two of the most common causes of wrongful death caused by car accidents are entirely preventable. More than 10,000 people were killed in car accidents that were alcohol-related. Another 5,500 people were wrongfully killed in distracted driving-related collisions. If one were to put those two numbers together, nearly 50% of all wrongful deaths caused by car accidents could be attributable to either alcohol or driver distraction. In either case, the responsible party for the wrongful deaths caused by car accidents is negligence and must take full responsibility for the loss of life and grief that is caused by such carelessness. In Illinois, there is a statute for the wrongful death caused by car accidents or other accidents. The wrongful death statute, 740 ILCS 180 specifically sets out whenever death of a person is caused by the wrongful act, negligence or other conduct, the responsible party shall be held liable to the surviving spouse and/or next-of-kin to the deceased person. Illinois law is very specific about who may recover in such a setting.
In Illinois, in addition to the wrongful death statute, there is also a survival statute that allows for recovery to the estate of the individual for that person’s pain and suffering experienced prior to death. Furthermore, in compensation under the wrongful death statute, the surviving spouse or next-of-kin can recover funeral expenses, hospital bills, loss of companionship, loss of consortium, loss of income and benefits, including pension benefits, loss of wages and under the survival statute, the conscious pain and suffering that the decedent suffered before death.
Those are two separate causes of action provided by Illinois law.
The Illinois wrongful death car accident lawyers at Kreisman Law Offices are dedicated to assisting family members and next-of-kin who have been killed in car accidents because of the negligence of another party.
If you or a loved one has been injured in a car accident, please call us for an immediate free consultation.
Robert Kreisman of Kreisman Law Offices has been handling Chicago and Illinois wrongful death cases caused in a car acccident successfully for more than 40 years.
Kreisman Law Offices has prevailed in trials and settlements in Chicago, Illinois and surrounding areas and successfully resolved cases for severely injured clients for over these many years.
With our years of experience in trying and settling wrongful death car crash cases in Illinois, Kreisman Law Offices provides the best possible services to our clients. Our service is unmatched. Please call us 24 hours a day at 312.346.0045 or toll free 800.583.8002 for a free and immediate consultation, or complete a contact form online. There is no charge for a consultation that will include an evaluation of your case, assessment of your damages such as lost income, lost wages, medical and hospital bills, past and future pain and suffering, loss of normal life and wrongful death.