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When Your Loved One is Involved in a Fatal Car Accident

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shutterstock_738738481According to the Insurance Institute for Highway Safety, there were 34,439 fatal motor vehicle accidents in the United States in 2016. If you have lost a loved one in a motor vehicle accident, you are likely experiencing grief, loss, and sadness.

You may also be stressed and unsure of how to cope with the medical bills, funeral expenses, and other costs you have been left with. Find out how a wrongful death claim can improve your situation by easing some of your financial burden.

What is a Wrongful Death Claim?

A wrongful death is a death that occurred after an injury that was caused by the negligence of another person. The purpose of a wrongful death claim is to compensate surviving family members for the damages the death of their loved one has caused. These damages include medical bills, funeral expenses, emotional distress, loss income, loss of companionship, and loss of pension and retirement benefits.

How to File a Wrongful Death Claim

If your loved one was wrongfully killed in a motor vehicle accident, you have the right to file a wrongful death claim. You should begin by filing a petition with a local court and attending the hearing that will be scheduled. At the hearing, you will need to establish several elements in order to recover compensation for your damages. These elements include:

  • Proving that the defendant owed your family member a certain level of care and they failed to live up to that duty.
  • Establishing that the accident in question was the cause of your family's death.
  • Proving that the death of your family member is directly correlated to your financial losses.

In addition, you may contact the negligent party's insurer and prove that your loved one's death was caused by the individual they were insuring and you have suffered damages as a result. If you choose to do this, you will need to provide the insurer with medical bills, expert testimony, accident reconstruction, and other evidence. This evidence will prove that you are entitled to compensation for your damages.

Reach Out to Our Experienced Joliet Wrongful Death Attorneys

While no amount of money can bring your loved one back, compensation can provide you and your family with closure and justice. If you have lost a family member in a motor vehicle accident that was not their fault, call our Joliet wrongful death attorneys today at 815-666-1285 for a free consultation.

Sources:

http://www.illinoiscourts.gov/CircuitCourt/CivilJuryInstructions/31.00.pdf

http://www.iihs.org/iihs/topics/t/general-statistics/fatalityfacts/state-by-state-overview

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