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Wrongful Death Claim After a Fatal Car Accident

January 8, 2020
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Tuite Law

The sudden loss of a family member because of a car accident frequently causes emotional distress and results in substantial monetary losses. No amount of money can mend the harm brought on by the demise of a loved one. But, monetary compensation can help to resolve the financial blow linked to the accident.

Therefore, if you have lost someone you love in a fatal car accident, you ought to consult Rockford Car Accident Lawyers. The attorneys will advise you on the possible compensation you might be able to recover by making a wrongful death claim. Tuite Law has experienced car accident attorneys who are dedicated to asserting the rights of the families of victims.

Causes of a Fatal Car AccidentFatal Car accident lawyers

Fatal car accidents can be caused by a variety of reasons, including:

  • Drivers operating a vehicle while drowsy, fatigued, ill, or under the influence of drugs or alcohol
  • Poor weather conditions, especially rain
  • The driver swerved to avoid hitting objects or pedestrians on the road
  • Reckless driving
  • Drivers ignoring traffic signals and signs
  • Distracted driving from the use of cellphones, eating, adjusting radio stations, applying, makeup, etc.
  • Motorists failing to yield right of way
  • Driving too fast beyond the posted speed limits

Pursuing a Wrongful Death Claim after a Fatal Car Accident

If a victim dies because of car collision injuries, his or her family members may have the option to recover compensation. They can do so by filing a wrongful death claim against the responsible person or entity. However, only specific parties can make a wrongful death lawsuit.

Injury lawIf the victim was survived by a spouse or a child, those two parties have the first right to pursue damages in a claim. If that is not the case, the decedent’s parents can file the lawsuit. Additionally, if the victim had no living parent, a sibling can make the claim. Lastly, if the decedent had no living children, spouse, siblings, or parents, his or her grandparents can file the wrongful death claim.

Proof

In a lawsuit associated with a fatal car accident, the plaintiff must prove the defendant is responsible to recover damages. In general, the plaintiff’s attorney must provide evidence showing the offender was negligent. It must be shown that the defendant owed the decedent a duty of care, but breached the duty, leading to the fatal accident.

However, the complainant doesn’t have to show that the breach was the single cause of the car accident. Rather, they must prove that the incident wouldn’t have happened without the breach, which was a significant contributory factor to the accident.

Car WreckWhat Damages Can Be Recovered In A Wrongful Death Claim?

The damages that can be recovered in a wrongful death claim include:

  • Reasonable funeral costs
  • Fair medical bills for possible treatment of the injuries leading to the demise of the victim
  • Lost wages
  • Lost care and companionship because of the sudden death

Talk to Capable Rockford Car Accident Lawyers

If you have lost a family member in a fatal car accident, it might be possible for you to recover compensation from the at-fault parties. At Tuite Law, we’ll carefully assess the facts of your case and come up with a solid argument to help you pursue full compensation. Our law firm offers representation to clients and their families in Rockford and throughout Illinois.

Call us today at 815-668-8473 to schedule a consultation.

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