Options for Families After a Fatal Pedestrian Accident

 Posted on April 17, 2024 in Pedestrian Accidents

The loss of a loved one in a pedestrian accident is a heartbreaking situation that no family should ever have to face. Ensure you understand your legal options and the steps you can take to seek justice on behalf of your family member. There are several avenues available to families who have lost a family member in a fatal pedestrian accident, and an Illinois lawyer can help you figure out which may be best for you.

Wrongful Death Lawsuit

One of the primary options for families is to file a wrongful death lawsuit. Under the Illinois Wrongful Death Act (740 ILCS 180/), the executor of the deceased person’s estate may bring legal action against the party responsible for the fatal accident. This lawsuit seeks to recover damages for the family’s loss, including:

• Loss of financial support
• Loss of companionship and guidance
• Funeral and burial expenses
• Medical expenses incurred before death
• Pain and suffering endured by the deceased before their passing

To succeed in a wrongful death lawsuit, the plaintiff must prove that the defendant’s negligence or wrongful act caused the pedestrian’s death. This may involve demonstrating that the driver was speeding, distracted, or under the influence of alcohol or drugs at the time of the accident.

Survival Action

Depending on your specific situation, you may be able to pursue a survival action. Under the Illinois Survival Act (755 ILCS 5/27-6), the personal representative of the deceased person’s estate can seek compensation for damages the deceased would have been entitled to recover if the deceased had survived the accident. This may include:

• Medical expenses
• Lost wages
• Pain and suffering

A survival action focuses on the deceased’s experiences and losses rather than the family’s losses, which are addressed in a wrongful death lawsuit.

Navigating Insurance Claims

In some cases, the at-fault driver’s insurance company may contact the family to offer a settlement. While accepting a settlement may seem like a quick and easy solution, make sure to consult with your attorney before agreeing to any terms. An attorney can help you evaluate the fairness of the settlement offer and negotiate for a higher amount if necessary.

Remember that accepting a settlement often means waiving your right to pursue further legal action against the at-fault party. As such, make sure that the settlement adequately compensates your family for your loss before accepting.

Seeking Justice and Closure

While no sum of money can compensate for the loss of a loved one, legal action may provide your family with a sense of justice, hold those responsible, and secure financial support to aid in moving past the tragedy.

Contact a Waukegan, IL Wrongful Death Attorney

In the unfortunate event of losing a loved one in a fatal pedestrian accident, consulting a Lake County, IL wrongful death lawyer is ideal. Legal representation means navigating the legal process, clarifying your options, investigating the incident, collecting evidence, and constructing a stronger case, allowing you to concentrate on grieving and healing. Call Salvi & Maher, LLP at 847-662-3303 for a free consultation to speak with a team that has 85+ years of experience and has Korean and Spanish speakers available.