How Can A Wrongful Death Claim Help Me If My Spouse Passed Away in a Car Accident?

 Posted on October 21, 2020 in Wrongful Death

Losing a spouse in a fatal car accident, truck accident, or motorcycle accident is a nightmarish experience to endure. Not only must the surviving spouse deal with profound grief and sorrow, he or she must also deal with the financial fallout caused by the death. If you have lost a spouse in an auto accident, you may be unsure of how you will pay for your loved one’s medical bills, funeral costs, and other expenses resulting from the death. You may also worry about how you will pay your mortgage and other bills without your loved one’s financial support. A wrongful death claim may enable you to recover financial compensation for these and other expenses.

What Is a Wrongful Death?

Illinois law allows surviving family members to bring a wrongful death claim and pursue damages if their loved one’s death was:

• Caused by another party’s negligent or wrongful act and
• Had the deceased person survived, he or she would have been entitled to bring a legal action for damages
• A wrongful death claim can be thought of as a personal injury claim that is brought on a deceased person’s behalf. A successful wrongful death claim may be possible if your spouse died in a car accident involving:
• Distracted driving including texting while driving
• Driving under the influence of alcohol or drugs
• Reckless driving
• Fatigued driving
• Road defects
• Vehicle defects
• Other types of negligence

Compensation in a Wrongful Death Claim

A wrongful death claim is a civil claim that may or may not accompany criminal charges against the at-fault driver. Not only can a wrongful death claim enable you to recover possibly financial compensation, it can also help hold a negligent or reckless driver accountable for the harm he or she caused. Though a wrongful death claim, you may be entitled to compensation for:

• Your loved one’s funeral and burial expenses
• Medical expenses incurred between your loved one’s injury and passing
• The loss of your loved one’s income and work benefits
• The loss of consortium or the loss of the marriage relationship
• The loss of your loved one’s household services such as child care and housework
• Your children’s loss of parental guidance and support
• Your mental anguish

Contact a Waukegan Car Accident Lawyer

If you lost your spouse in a car accident, contact Salvi & Maher, L.L.C to discuss your legal options. Call our office at 847-662-3303 today and schedule your free, no-obligation consultation with one of our experienced Lake County wrongful death attorneys today.

Sources:

https://courts.illinois.gov/CircuitCourt/CivilJuryInstructions/31.00.pdf

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