Losing a family member in a car accident is incredibly difficult and leaves behind a hole that can never truly be filled. Knowing that a loved one’s death was the result of another party’s negligence or wrongful act only adds to the pain and frustration that you are experiencing. While trying to process the emotional fallout from such a tragic event, you may also be feeling overwhelmed with the stress of tending to your loved one’s affairs. The last thing you should be worried about during such a difficult time is how you will maintain the financial security of your family.
Though no amount of compensation can replace your loved one, it can help relieve the financial burden that you may be facing in the aftermath of your loss. It’s important to know that you do not have to should the burden of your loss alone. An experienced Chicago wrongful death attorney can help you preserve your family’s financial future by pursuing a wrongful death claim or obtaining a beneficial settlement with the insurance company.
Wrongful Death and Traffic Fatalities
Traffic fatalities are a leading cause of injuries and death in the United States every year. Early estimates from the National Highway Safety Administration show an increase in the number of traffic fatalities for the first half of 2015. While there was a decline in traffic fatalities in Illinois in 2014, the numbers for the first six months of 2015 match the national increase in motor vehicle deaths. From January to June of 2015, there were 442 traffic fatalities in the state of Illinois compared to just 339 during that same period in 2014.
Although improvements in vehicle design and technology have helped decrease the risk of fatality, driver error continues to be the greatest contributing factor to motor vehicle deaths. In fact, it is estimated that at least ninety percent of motor vehicle accidents are caused by human behavioral errors. Data shows that drunk driving, distracted driving, speeding, driver fatigue, and not wearing a seat belt are among the most common contributing factors of traffic fatalities.
To prove negligence in the context of car accidents, a plaintiff must prove that the defendant had a duty of care, the defendant breached that duty, and that the breach caused the plaintiff’s injuries. Drivers owe a duty of ordinary care to all of those on the roadway including other vehicles, pedestrians, or bicyclists. Whether it’s sending a text message, driving under the influence of alcohol, or excessive speeding, these behaviors constitute a breach of a driver’s duty of care.
When your loved one’s death is caused by the negligence or wrongdoing of another party, you are entitled to compensation for your losses. While the compensation you may recover depends on a number of factors specific to your case, the types of compensation available through a wrongful death claim are; loss of economic support, loss of society, grief and emotional suffering, funeral expenses, and medical expenses. You may also be able to recover additional personal injury damages through a survival action.
Learn How a Chicago Wrongful Death Attorney Can Help
At Staver Accident Injury Lawyers, P.C., we can negotiate with the insurance company to reach a favorable settlement or file a lawsuit on your behalf to get the compensation that you rightfully deserve. If you choose to contact us for a free consultation, we will go over the circumstances of the accident, discuss the various types of compensation that may be available, and explain how seeking compensation can benefit your family. We understand how difficult losing a loved one can be and we are here to help guide you through every step of the legal process.
Staver Accident Injury Lawyers, P.C. works off a contingency fee basis, which means that you do not owe us money unless we are able to settle your case or resolve your lawsuit favorably. Call us today at (312) 236-2900 for a free consultation to discuss your rights as a beneficiary.