An attorney can determine what damages are recoverable in a Joliet fatal crash by evaluating the circumstances of the accident, identifying liable parties, and assessing the financial and emotional losses experienced by the victim’s family.
Fatal crashes often result in devastating consequences for surviving loved ones, who may face significant financial burdens and emotional hardships. Illinois law allows certain family members to pursue compensation through a wrongful death claim or a survival action, depending on the specifics of the case.
A fatal car accident lawyer in Joliet helps families understand their rights, navigate the legal process, and pursue damages for funeral costs, lost income, and other losses caused by the fatal crash.
Who Can File a Claim After a Fatal Crash in Joliet?
In Illinois, specific family members are eligible to file a wrongful death claim or a survival action after a fatal crash. These claims are brought on behalf of the deceased person’s estate and immediate family members.
Typically, the representative of the deceased’s estate files a claim. This representative may include the following individuals:
- Spouses: A surviving spouse is often the first party eligible to file a claim.
- Children: Biological or adopted children of the deceased may pursue damages for the loss of parental guidance and support.
- Parents: If the victim did not leave behind a spouse or children, their parents may be eligible to file a claim.
- Other dependents: In some cases, other dependents or individuals named in the deceased’s will may have the right to recover damages.
The personal representative of the deceased’s estate is responsible for filing the claim, with any compensation awarded benefiting the surviving family members or beneficiaries. A car accident lawyer in Joliet can determine who in your family can file a claim.
Types of Claims in Joliet Fatal Crash Cases
Two primary types of legal claims can be pursued after a fatal crash in Joliet: wrongful death claims and survival actions. Each serves a different purpose and addresses various kinds of losses. A personal injury lawyer in Joliet can determine which damages you may be able to claim.
Wrongful Death Claims
A wrongful death claim seeks compensation for the losses experienced by the deceased’s surviving family members. These claims focus on the economic and non-economic impact of the victim’s death on their loved ones. Damages in a wrongful death claim may include:
- Funeral and burial expenses.
- Loss of financial support provided by the deceased.
- Loss of companionship, care, and guidance.
- Emotional pain and suffering experienced by surviving family members.
Survival Actions
A survival action seeks compensation for the damages the deceased person would have been entitled to recover if they had survived the crash. These claims focus on the losses the victim experienced between the time of the crash and their death. Damages in a survival action may include:
- Medical expenses incurred before death.
- Lost wages for the time the victim was unable to work.
- Pain and suffering endured by the victim prior to passing.
In some cases, both a wrongful death claim and a survival action may be pursued simultaneously, depending on the circumstances of the crash.
Recoverable Damages in Joliet Fatal Crash Cases
The damages recoverable in a fatal crash case depend on the details of the accident, the losses suffered by the surviving loved ones, and whether the claim is a wrongful death case or a survival action. Below is a breakdown of the types of damages that may be pursued.
Economic Damages
Economic damages compensate for the financial losses directly caused by the fatal crash. These damages are typically easier to calculate because they involve measurable expenses and lost income. Examples of economic damages include:
- Medical expenses: Costs for emergency care, hospital stays, surgeries, and other treatments the victim may have received prior to their death.
- Lost income: The wages and benefits the deceased would have earned had they continued to work.
- Funeral and burial costs: Expenses for the deceased’s funeral service, burial, or cremation.
- Loss of financial support: Compensation for the income and financial contributions the deceased provided to their family.
Non-Economic Damages
Non-economic damages address the emotional and psychological impact of the victim’s death on their surviving loved ones. These damages are more subjective and may include:
- Loss of companionship: The emotional loss of a spouse, parent, or other close family member.
- Loss of parental guidance: The absence of care, guidance, and support provided by a parent to their children.
- Pain and suffering: Compensation for the emotional distress and grief experienced by surviving family members.
In survival actions, non-economic damages may also include compensation for the physical pain and suffering endured by the deceased prior to their passing.
Statute of Limitations for Joliet Fatal Crash Cases
In Illinois, wrongful death claims and survival actions must be filed within a specific time frame, known as the statute of limitations. For most fatal crash cases, the statute of limitations is two years from the date of the victim’s death. Failing to file a claim within this time frame may result in the case being dismissed, making it important for families to act promptly.
Exceptions to the statute of limitations may apply in certain situations, such as when the liable party is a government entity. In these cases, the filing deadline may be shorter, so consulting with a lawyer is recommended to avoid missing any deadlines.
How a Lawyer Can Help in Fatal Crash Cases
Fatal crash cases often involve complex legal issues, multiple parties, and significant financial stakes. A lawyer can help surviving family members by:
- Investigating the accident to identify liable parties.
- Gathering evidence to support the claim, including police reports, medical records, and expert testimony.
- Calculating the full extent of damages, including both economic and non-economic losses.
- Negotiating with insurance companies to reach a fair settlement.
- Representing the family in court if a settlement cannot be reached.
In Joliet, a car accident lawyer can provide guidance and support for families seeking compensation after a fatal crash, helping them pursue justice on behalf of their loved one.
Our Joliet Lawyers Can Assist Your Family After a Fatal Crash
At Charlie Therman Injury & Accident Lawyers, P.C., we understand the impact of losing a loved one in a fatal crash. With over $100 million recovered for our clients, we are committed to helping families seek the compensation they deserve.
If you’ve lost someone in a fatal accident, contact us today for a free consultation. We can determine what damages are recoverable in a Joliet fatal crash and fight for the justice your family deserves.
