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Lake County wrongful death lawyersThe death of a close family member is heartbreaking regardless of the circumstances surrounding the death. However, when a loved one is killed due to the negligent, careless, or intentional acts of another party, the loss can be even more tragic. Not only do surviving loved ones have to deal with their personal loss, they must also manage the financial loss caused by the death. Fortunately, surviving family members of the deceased may be entitled to compensation for their losses through a wrongful death claim.

When is a Person’s Death Considered a Wrongful Death?

Not every unexpected death is considered a wrongful death. The Illinois Wrongful Death Act states that a wrongful death is a death caused by “wrongful act, neglect, or default.” If the deceased person, should he or she have survived his or her injuries, would have been able to pursue damages through a personal injury lawsuit, then the representative of the deceased person is permitted to pursue damages through a wrongful death lawsuit. There are almost countless situations that may lead to a wrongful death claim.

Wrongful deaths may be caused by:

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Lake County personal injury attorneysThe unexpected loss of a loved one is tragic regardless of the circumstances but losing a loved one in a fatal pedestrian accident is often especially heart-wrenching. Knowing that your loved one’s last moments involved a violent vehicle collision can cause you agonizing grief that lasts for years. If you have lost a loved one in this manner, you know that personal grief is not the only consequence of such a tragedy. You must also find a way to survive the burdensome financial consequences of the loss. One way that you may be able to receive financial relief is through a wrongful death claim.

Determining When a Successful Wrongful Death Claim Is Possible

In January of this year, a 46-year-old woman died after being struck and killed in a Waukegan hit-and-run accident. Drivers who leave the scene of an accident after striking a pedestrian are likely to face serious criminal consequences for their actions. Drivers involved in pedestrian accidents while driving under the influence of alcohol or drugs (DUI) will also face criminal charges. Although criminal charges are not a requirement for a successful personal injury claim, criminal charges are likely to make the process of recovering damages easier.

If the pedestrian accident was not the result of DUI, hit and run, reckless driving, or another violation of the law, the driver’s fault for the accident will need to be established. An experienced personal injury lawyer can help you gather evidence and examine information that may prove the driver’s negligence.

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