Losing a loved one in a car accident is one of the most painful experiences a family can endure. In a matter of seconds, a crash can change the course of your life forever and leave families with medical bills, funeral expenses, and the sudden loss of income and support.
When a fatal crash is caused by another driver’s negligence, Illinois law allows surviving family members to pursue accountability through a wrongful death claim in Geneva, Illinois.
Wrongful Death and Car Crashes
Under Illinois law, a wrongful death occurs when a person dies as a result of another party’s wrongful act, neglect, or default. In a car crash, this typically means an individual’s death was caused by negligent driving (e.g., speeding, distracted driving, impaired driving, or etc.).
In such cases, the personal representative of the deceased person’s estate initiates a wrongful death lawsuit on behalf of surviving family members. This can include a spouse, children, or in some cases, other next of kin. The purpose of wrongful death claims is to recover compensation for the financial and emotional losses suffered by the surviving family.
Types of Car Crashes Most Likely To Cause Fatal Injuries
Car crashes are among the leading causes of wrongful death claims in Illinois. While any motor vehicle accident in Geneva can be fatal, certain types of crashes are more likely to result in death.
Head-On Collisions
Head-on crashes are among the most dangerous types of accidents. These often happen at high speeds and involve tremendous force due to the front-to-front impact. These collisions usually occur when a driver crosses the center line, drives the wrong way, or loses control of their vehicle.
High-Speed Highway Accidents
Crashes on interstates and major highways often involve high speeds, making them more likely result in catastrophic and fatal injuries. High-speed collisions can cause traumatic brain injuries, spinal cord injuries, and other life-threatening trauma.
Drunk Driving Accidents
Alcohol and drugs reduce reaction time, impair judgment, and increase the likelihood of reckless behavior. Drunk driving is one of the top causes of fatal crashes across the U.S.
Truck and Commercial Vehicle Collisions
Accidents involving large trucks are regularly fatal due to the size and weight of commercial vehicles relative to those of passenger vehicles. Occupants of the passenger vehicles often suffer severe or fatal injuries.
Pedestrian and Bicycle Accidents
Pedestrians and cyclists have little protection in the event of a collision with a motor vehicle. Consequently, these collisions frequently result in fatal injuries.
Each of these crashes often stems from negligent or reckless conduct, which means they are generally preventable.
Compensation Available After a Wrongful Death
A Geneva, IL wrongful death claim compensates surviving family members for financial and personal losses related to the wrongful death of a loved one.
A claim for wrongful damages in Illinois may include:
- Funeral and burial expenses
- Medical bills related to the final injury or illness
- Loss of financial support the deceased would have provided
- Loss of companionship and guidance
- Grief, sorrow, and mental suffering
In some cases, a survival action may also be brought to recover damages the deceased could have claimed if they had survived (e.g., pain and suffering experienced before death).
If you have lost a family member in an Illinois car crash caused by negligence, you have rights. An experienced wrongful death attorney can help you navigate your claim and pursue the maximum compensation allowed by law. Contact Feagans Law Group today free consultation and learn how to protect your family’s rights.