A lawyer can explain what damages are available in Naperville fatal crashes and help families seek justice for the loss of a loved one. When a fatal accident occurs, surviving family members may be entitled to pursue compensation through a wrongful death claim.
These damages can include reimbursement for financial losses, emotional suffering, and the long-term impact of losing a family member. Illinois law allows specific family members, such as spouses, children, and parents, to recover damages in these cases.
Successfully filing a claim often requires collecting evidence to establish the at-fault party’s negligence and demonstrating the full extent of losses the family has suffered. A fatal car accident lawyer in Naperville can guide you through the process of seeking accountability and fair compensation.
What Is a Wrongful Death Claim?
A wrongful death claim is a legal action filed by the surviving family members of a person who died due to someone else’s negligence. In Illinois, wrongful death claims are governed by the Illinois Wrongful Death Act, which allows specific family members to recover damages for their losses.
To file a wrongful death claim, car accident lawyers in Naperville help families prove that:
- The at-fault party owed the victim a duty of care (e.g., obeying traffic laws).
- The at-fault party breached that duty through negligent or reckless actions.
- This breach directly caused the fatal crash and the victim’s death.
- The family suffered damages as a result of the loss.
These claims are commonly filed after fatal car accidents caused by behaviors like distracted driving, speeding, impaired driving, or failure to yield.
Who Can File a Wrongful Death Claim in Illinois?
In Illinois, the personal representative of the deceased person’s estate is responsible for filing a wrongful death claim. This individual is often named in the deceased’s will or appointed by the court if no will exists. While the personal representative files the claim, the damages awarded are distributed to the deceased’s surviving family members, such as:
- Spouses: Spouses may recover damages for loss of companionship, financial support, and emotional suffering.
- Children: Minor or adult children may seek compensation for the loss of parental guidance, emotional support, and financial contributions.
- Parents: Parents of a deceased child may recover damages for emotional grief and loss of their relationship with the child.
A personal injury lawyer in Naperville can determine who in your family can file a claim.
What Damages Are Available in Naperville Fatal Crashes?
Families who lose a loved one in a fatal crash may recover several types of damages, depending on the circumstances of the accident and their relationship to the deceased. These damages fall into two main categories: economic damages and non–economic damages.
Economic Damages
Economic damages are financial losses directly related to the fatal crash. These damages are quantifiable and may include:
- Medical expenses: If the victim received medical treatment before passing away, the family may recover compensation for hospital bills, surgeries, and other healthcare costs.
- Funeral and burial costs: The family can seek reimbursement for reasonable expenses associated with the victim’s funeral, burial, or cremation.
- Loss of financial support: Families can recover compensation for the income the deceased would have earned had they survived. This includes wages, benefits, and potential future earnings.
- Loss of benefits: In cases where the deceased provided benefits such as health insurance or retirement savings, the family may recover compensation for these lost contributions.
Non-Economic Damages
Non-economic damages account for the emotional and intangible losses families experience after losing a loved one. These damages may include:
- Loss of companionship: Spouses may recover damages for the loss of emotional support, love, and companionship their partner provided.
- Loss of parental guidance: Children may seek compensation for the loss of guidance, care, and emotional support from a deceased parent.
Time Limits for Filing a Wrongful Death Claim in Illinois
Families in Naperville must file a wrongful death claim within the time limits set by Illinois’ statute of limitations. For most wrongful death cases, the statute of limitations is two years from the date of the victim’s death. Failing to file within this window may result in losing the right to seek compensation.
However, some exceptions may affect the filing deadline, such as cases involving minors or certain government entities. A lawyer can help families determine the appropriate timeline for their claim.
Why Families Benefit From Legal Assistance
Filing a wrongful death claim after a fatal crash can involve multiple steps, including gathering evidence, negotiating with insurance companies, and presenting a case in court if necessary. A fatal car accident lawyer in Naperville can help families navigate these processes by:
- Investigating the accident to determine liability
- Identifying all potential sources of compensation
- Calculating the family’s financial and emotional losses
- Advocating for fair settlements or pursuing litigation when needed
Legal representation can provide families with the tools they need to hold negligent parties accountable and seek compensation for their losses.
We Can Explore What Damages Are Available in a Naperville Fatal Crash
We can explain what damages are available in Naperville fatal crashes and assist families in pursuing compensation for their losses. This may include economic damages, such as medical expenses and lost wages, as well as non-economic damages, like emotional suffering and loss of companionship.
At Charlie Therman Injury & Accident Lawyers, P.C., we help families seek justice and hold negligent parties accountable. Contact us today for a free consultation to discuss your case. Call now or visit our website to get started.
