Can I File a Wrongful Death Lawsuit if my Family Member was Killed in a Pedestrian Accident?

Unfortunately, pedestrians are the victims in a number of kinds of incidents in Illinois including automobile accidents, construction accidents, bicycle accidents, and dog attacks among others. Tragically, not all of them make it. We work with families that have lost loved ones in pedestrian incidents. We help them see how they can get recover, and how they can use the legal system to protect all of their rights. To make sure that you can pursue a wrongful death case in Illinois, think about the following questions

1) What relationship did you have to the pedestrian that died?

2) How was the driver involved in the incident?

3) Did the driver's conduct cause the death?

4) How did you suffer because of the passing?

You need to have affirmative answers to all of these questions in order to bring and win an Illinois wrongful death case. Specifically, you must show that the deceased was a spouse or next of kin of yours; that the defendant actually caused his or her death; and that you suffered actual loss because of the death.

If you do bring a wrongful death case in Illinois after your spouse or loved one was killed in a pedestrian accident, then there are a couple of areas of relief that you should focus on. First, the law awards plaintiffs for all of the burial or funeral expenses associated with the event as well as any out-of-pocket costs that it created. Second, the law respects the right of plaintiffs to recover for the financial support they would have received but for the death. For instance, if the decedent was working at the time of the accident or had investments, then plaintiffs can project future income and other forms of money when asking for damages. Third, the law allows plaintiffs to plead and prove that the death will cause intangible injuries, pain, or suffering in the future. In some situations, families and spouses can obtain other kinds of damages for pedestrian incidents but these three categories are the main sources of relief.

Unfortunately, many drivers in Illinois carry the state minimum coverage of $20,000 per person per collision. In these situations, an injured pedestrian can only recover $20,000 for their injuries—regardless of their severity or the amount of medical expenses they have. In situations where an injured pedestrian's injuries have a value in excess of the coverage provided by the driver, they can pursue an under-insured motorist case against their own automobile insurance company (assuming they have auto liability coverage in excess of the party that hit them.

For example, if a pedestrian is crossing the street and is hit by a car with $20,000 and the pedestrian has serious injuries requiring surgery with medical expenses well in excess of the amount of coverage on the driver, they could file an under-insured motorist claim with their company. If they had $100,000 in under-insured coverage, they could potentially recover an additional $80,000 from their policy.

In the case of a driver who did not have any liability insurance, an injured pedestrian could pursue an uninsured motorist case for their injuries.