Auto crashes cause the most unintentional accidental injury deaths in the US. They result in more than 34,000 fatalities in 2012. This means four people lose their lives in a traffic accident every hour. It is an unfortunate fact that many people die each year due to careless and reckless driving. This leaves the victims’ families to grieve for them. They also must attempt to understand why this tragedy happened. Rosenfeld Injury Lawyers LLC help families who have lost a loved one in an automobile accident. We work in Chicago and across Illinois. We encourage you to speak to our Chicago auto accident attorneys. It will be without any cost or obligation. It will cover your legal options under Illinois wrongful death law.
- Causes of Fatalities in Illinois Auto Accidents
- How to Win a Wrongful Death Lawsuit from an Illinois Auto Accident
- Will Insurance Cover All Costs in a Fatal Crash?
- Value of Wrongful Death Claims in Illinois Auto Accidents
- Wrongful Death Facts and Figures in Illinois Car Accidents
- Wrongful Death Claims in Illinois Car Accidents
- Chicago Auto Accident Fatality Attorneys, Rosenfeld Injury Lawyers LLC
Causes of Fatalities in Illinois Auto Accidents
In 2011, there were over 281,000 traffic accidents in Illinois. These led to 918 fatalities. Cook County had over 133,000 accidents that year. These resulted in 234 fatalities. Many accidents happen due to weather and other uncontrollable events. They are also caused by poor judgment, unsafe driving, and other preventable factors. Check out this lust of common causes.
- Distracted driving. This is one of the fastest growing causes. It includes fatalities with inattentive driving. Distracted driving includes talking on a cell phone, texting, using other electronic devices, and performing activities like eating and grooming. These all take the drivers attention away from the road.
- Impaired driving. Drivers under the influence of alcohol or drugs take their own lives. They also take the lives of others sharing the road and car. They place their lives in their hands when they get in. They often are betrayed.
- Reckless driving. Speeding, driving erratically, ignoring traffic controls cause deaths. Even road rage can all lead to unnecessary and preventable auto deaths.
How to Win a Wrongful Death Lawsuit from an Illinois Auto Accident
With Chicago auto accident fatalities from reckless/negligent driver, surviving family members can bring a case. It will be a wrongful death lawsuit. Recognize that these suits depend on two factors.
- Proven negligence. Families must show that the defendant caused the death. They can point to his/her intentional or unintentional conduct. The latter is called negligence. In an auto case, this means that they legally caused the accident.
- Damages suffered. Once you show negligence, there must also be grounds for financial damages to win. This may be for loss of income, medical bills, funeral costs, or burial expenses. In some cases, pain and suffering to the surviving family count.
By filing an auto accident lawsuit, the family can defend their right to compensation for their loss. They must substantiate their claim in court. Lawsuits are generally filed by the immediate family. Parents of a child or spouses and children of the deceased bring them. Yet, others can too. Call us to see if you can pursue damages!
Will Insurance Cover All Costs in a Fatal Crash?
The at-fault driver will probably have auto insurance. This policy will cover some of your costs. Yet, insurance companies will try and pay the least amount they can. This is an important point. Fatal crashes can take away the main income earner. That can financially affect the family a lot. You will need to show negligence to build a case for wrongful death. This will open up your right to get money for the pain and expense of the death.
Insurance companies don’t profit by paying out more than they have to. This makes it hard to get what you deserve. Plus, you might suffer more than the cap. Thus, you will need to sue the driver personally. A Chicago car accident law firm can make a difference. We can take steps to increase your recovery. Don’t be pushed over by large insurance companies. Speak with us today.
Value of Wrongful Death Claims in Illinois Auto Accidents
A mere death does not make a case. This is true for auto crash suits and others. You must show financial damages. You can show similar damages too. The family who lost the person will bring them to court. Consider these financial impacts you might sustain. Our team of Chicago lawyers help craft claims. We see these damages a lot.
- The cost of a funeral or memorial. Funerals can be a financial burden for families. They are sudden, unexpected, and big. The average cost for funeral services is over $7,000. Costs can easily exceed $10,000. The range depends on the service, headstone, and cemetery. These costs should not be the responsibility of the bereaved. The parties at fault should help pay for these costs.
- Loss of income. Most American families depend on two incomes to survive. The loss of a breadwinner can threaten the survivor’s ability to make ends meet. When seeking compensation, the deceased’s potential income should be factored in. Also, count the money over the entire lifetime but for the death.
- Lost consortium. This means lost companionship, romance or platonic affairs with the deceased. Grief and emotional anguish over losing someone can be claimed in court. They must have been an important part of your life. You should show how you loved, respected or cared for them.
Insurance companies may refuse to honor their agreements. They might not cover certain expenses in a wrongful death claim. This may force victims’ families to seek restitution by other means. It is important to evaluate all avenues of damages. You should analyze that with an experienced attorney. This will show you which actions are most likely to return positive results. You can take the guilty party’s insurance to court. You may also get compensation from your own insurance policies. This will cover gaps that the other person’s insurance will not fill. You could choose to file a lawsuit directly against the person responsible for your loved one’s death. To learn about all these options, call our firm today. We will explain all of them in great detail.
Wrongful Death Facts and Figures in Illinois Car Accidents
Cars are involved in 70% of the fatal accidents in the US. This includes all deaths on the roads. Trucks are involved in almost 20%. Motorcycles, bikes and pedestrians represent only 11% of traffic related deaths combined. Many of the accidents reported are preventable. This makes the associated deaths needless.
Factors like distraction, fatigue, and impairment cause these crashes. It’s a shame so many families lose loved ones because drivers refuse are irresponsible. If your family lost a loved one, you can pursue legal action. There are many avenues to recover. You should seek all of them to repay the harms you have. They will be many. They will include financial and emotional. They might be felt by parents, kids, and spouses.
We assembled some facts and figures. They show you how others across Illinois recovered in these cases. Your car crash wrongful death case might be similar. You might see similar recovery. Call us today to hear about how we can help you. We can be there when you need it the most!
Illinois Plaintiffs' Recovery in Car Accidents Involving Wrongful Deaths (1994-2014)
Read these takeaways Illinois auto crash wrongful death cases.
- More US plaintiffs received greater than $50,000 (59%) than Illinois plaintiffs (31%).
- More US plaintiffs (7%) received greater than $5,000,000 than Illinois plaintiffs (5%).
- Wrongful death actions occur more in Illinois (5%) than around the US.
- Popular counties for wrongful death car accident actions were Cook, Lake, DuPage, Madison, Winnebago, and St. Clair.
County Breakdown of Illinois Plaintiffs' Recovery in Auto Accidents Involving Wrongful Deaths
This table breaks down Illinois car accident cases with wrongful death. Other issues might be included within the case too. The breakdown is by county and award size. The number reflects the percent of cases with the award each county had. For instance, 7.12% of Illinois wrongful death cases where in Cook County and had no recovery. Only the most litigious counties were included.
Wrongful Death Claims in Illinois Car Accidents
Victims and families suffer excruciating injuries. They are unlike any others. Review and understand the damages they create. It will shed light on the need for a case. You’ll find recovery under the law.
- Decedent’s Pain. You can bring a claim for the pain your loved one felt before death. Many people forget this fact. But the law still allows it. It does not perish when he or she dies. Also, this action can mean a lot of money.
- Family’s Suffering. When someone dies in a car accident in Illinois, the whole family suffers. They can bring an action for lost support, services, and companionship. The law lets you get money for whatever the death caused you. This normally extends to spouses and children too. It can also extend to parents and siblings in some cases.
- Costs and Expenses. Wrongful deaths from auto accidents trigger a lot of costs for families. They have to pay for hospital bills, funeral fees, and lost income. It is crucial to see how you can recover for these things. There might be even more losses than you realize. We just paint a general picture to show you the scope of the issue. Just know that Illinois law lets you recover. You deserve to recover!
Chicago Auto Accident Fatality Attorneys, Rosenfeld Injury Lawyers LLC
Losing a family member in a preventable accident is traumatic. It can leave a family emotionally and financially devastated. It is important that you understand your right to pursue monetary compensation. An experienced legal team on your side can make all the difference.
The Chicago car accident attorneys at Rosenfeld Injury Lawyers LLC have fought and won many wrongful death suits. We’ve assisted clients in Illinois and across the country. Our team has the resources and experience needed to prove your case. Contact us for a free consultation. We can guide you to the path of recovery.
Learn about other kinds of Illinois auto accident injuries. Please read the following pages: