Pursuing a Wrongful Death Claim After a Car Accident

 Posted on March 18, 2025 in Wrongful Death

The sudden loss of a loved one in a car accident is a truly devastating experience, and it can be made even more painful when the crash is due to someone else’s negligence. In addition to emotional grief, families are often left to deal with overwhelming financial burdens. Although no lawsuit can reverse the loss, a wrongful death claim can help ease financial hardships and hold the responsible party accountable. If you are looking to pursue a wrongful death claim, an experienced Illinois personal injury attorney can help your family understand your rights and fight for the compensation you all deserve.

Who Is Eligible to File a Wrongful Death Claim in Illinois?

The Illinois Wrongful Death Act states that only the deceased person’s personal representative can file a wrongful death claim. This representative is typically named in the deceased’s will. If no will exists, the court may appoint a spouse, adult child, or other close family member as the personal representative.

The compensation from a wrongful death claim goes to the deceased person’s spouse, children, or other dependents. It is divided based on how much they relied on the deceased for support.

What Compensation Is Available?

A wrongful death claim allows surviving family members to seek compensation for both economic and non-economic losses, which includes:

• Funeral and burial expenses

• Medical expenses related to the deceased’s injuries before his or her passing

• Loss of financial support from the deceased

• Loss of companionship, guidance, and emotional support

• Pain and suffering experienced by surviving family members

These damages are meant to help relieve the financial burden caused by the unexpected passing and compensate for the emotional toll on the surviving family.

How Do You Prove Negligence in a Wrongful Death Case?

To succeed in a wrongful death claim, the personal representative must prove that another party’s negligence caused the accident and death. This typically requires establishing that:

• Duty of Care: The other driver had a legal obligation to drive safely and follow traffic laws.

• Breach of Duty: The other driver exhibited negligent behaviors, such as speeding, running a red light, or driving under the influence.

• Causation: The other driver’s negligence directly caused the accident and the victim’s death.

• Damages: The surviving family members suffered emotionally and financially due to the death.

Evidence like police reports, witness statements, traffic camera footage, and accident reconstruction analysis are also crucial in proving negligence. 

Is There a Time Limit to File a Claim?

In Illinois, the statute of limitations for a wrongful death claim is two years from the date of the victim’s death. If the claim is not filed within this period, the family may lose the right to seek compensation.

However, exceptions may apply in cases involving minors or specific criminal acts. Consulting with an attorney as soon as possible can help ensure that deadlines are met and critical evidence is preserved.

Contact a Lake County, IL Wrongful Death Lawyer

If you have lost a loved one in a car accident caused by someone else’s carelessness, you may have the right to pursue a wrongful death claim. The legal process can be complex and emotionally draining, so it is important to work with a skilled attorney. 

A Lake Zurich, IL personal injury lawyer at Premier Illinois Injury Lawyers can provide the support you need during this difficult time. We are a father and daughter team local to Illinois with over 25 years of combined personal injury law experience. To schedule a free consultation, call 847-796-8448.