Tammy Hall-Mathews May Be a Victim, But She Doesn’t Act Like One

Tammy Hall-Mathews May Be a Victim

When a violent act or serious crash makes the news, the spotlight often lands on the person accused of causing the harm: the suspect, the defendant, the “name” everyone recognizes. But in far too many cases, the person who suffered the loss can be treated like an afterthought. That is especially true when injuries are catastrophic, the recovery is long, or the criminal case becomes the public storyline.

In Peoria and across Central Illinois, families dealing with life-altering injuries or the death of a loved one usually face two realities at once. First, there may be a criminal investigation and prosecution focused on punishment and public safety. Second, there is the civil side—the part that determines whether the victim and family will have the financial resources to rebuild their lives, pay for medical care, replace lost income, and obtain long-term support. Those two systems can overlap, but they are not the same. Understanding the difference is the first step toward protecting a victim’s rights and future.

What “victim” can mean in catastrophic injury and wrongful death cases

In Illinois, the word “victim” can apply in more than one way. In the criminal system, a victim is the person harmed by a crime, and surviving family members may have rights when the victim is killed or unable to advocate for themselves. In the civil system, a “victim” is typically the injured plaintiff (or the family/estate) pursuing compensation from the responsible party or parties.

Catastrophic injury and wrongful death cases often involve harm that permanently changes a family’s daily life. These are not minor injuries that resolve with a quick doctor visit. They can include:

• Traumatic brain injuries (TBI) with cognitive, emotional, and behavioral changes

• Spinal cord injuries and paralysis

• Amputations or severe orthopedic injuries requiring multiple surgeries

• Complex regional pain syndrome or chronic pain conditions

• Severe burns, scarring, or disfigurement

• Permanent mobility limitations and loss of independence

Wrongful death cases arise when a person’s death is caused by another party’s negligence or wrongful conduct. Beyond the heartbreaking loss, families often face immediate financial pressure: funeral costs, loss of household income, unpaid medical bills, and the long-term impact of losing a parent, spouse, or child.

Criminal cases and civil claims: how they relate and why they are different

The criminal case focuses on punishment

Criminal proceedings are brought by the State. The goal is to determine whether a defendant broke the law and, if so, impose penalties such as probation, jail, prison, fines, or court-ordered conditions. The burden of proof is high—“beyond a reasonable doubt.”

Victims and families may be witnesses in the criminal case, and they may have rights to information and participation, but they do not control whether charges are filed, which charges are pursued, or whether a plea deal is offered. Those decisions typically rest with prosecutors.

The civil case focuses on compensation and accountability

A civil personal injury or wrongful death case is brought by the injured person or the family/estate. The purpose is to recover money damages to address the harm that occurred. The standard of proof is lower than in criminal court—generally “more likely than not.”

Because the burdens and goals differ, it is possible for these outcomes to diverge. A defendant might be acquitted in a criminal case yet still be held financially responsible in a civil case. The opposite can also happen: a guilty plea does not automatically determine the amount of compensation a victim needs or deserves.

What carries over from the criminal case

Even though the systems are different, criminal proceedings can strongly affect a civil claim. Evidence developed in the criminal case may help prove fault, including:

• Police reports, photographs, scene diagrams, and investigative notes

• Witness statements and recorded interviews

• Bodycam, dashcam, surveillance footage, or 911 recordings

• Forensic testing, toxicology results, and expert reports

• Admissions made during interviews, hearings, or plea proceedings

But criminal evidence is not always automatically available to the public or to the civil side right away. Timing, protective orders, and investigative privilege can affect what can be obtained and when. That is one reason civil counsel should be involved early—so evidence can be preserved and requests can be made at the right moment.

Victim rights in Illinois: what families should know

Illinois provides important rights for crime victims and, in many circumstances, their families. While the exact scope depends on the case, victims typically have rights that can include:

• The right to be treated with fairness, dignity, and respect

• The right to be reasonably protected from the accused

• The right to notice of court dates and significant case events

• The right to communicate with prosecutors and receive certain information about the case

• The right to be heard at key hearings, including sentencing

• The right to restitution in appropriate cases

It helps to think of victim rights as participation and protection rights in the criminal process—not a substitute for civil compensation. Restitution, when ordered, is often limited by what a defendant can realistically pay and may not come close to covering catastrophic medical costs, future care, or a lifetime of lost income. A civil claim is often the primary path to meaningful financial recovery.

Pursuing a civil claim while a criminal case is pending

Families often ask whether they should “wait until the criminal case is over.” In many situations, waiting can be risky. Civil deadlines still apply, evidence can disappear, and insurance companies may move quickly to protect themselves.

Deadlines do not pause automatically

Illinois statutes of limitation apply to civil claims even if the criminal case is ongoing. If a lawsuit is not filed by the deadline, the right to recover can be lost. The safest approach is to consult civil counsel early to identify the correct deadline and protect it.

Evidence can be lost quickly

Video footage may be overwritten. Vehicles may be repaired or destroyed. Electronic data may be lost if preservation steps are not taken. Witnesses move, memories fade, and documents become harder to obtain. Early civil involvement allows your legal team to send preservation letters, secure records, and document injuries while the timeline is fresh.

Insurance dynamics can change fast

In catastrophic injury and wrongful death cases, insurance coverage often becomes the central practical issue. A civil attorney can help identify:

• Liability insurance policies that may cover the responsible person

• Umbrella or excess policies that increase available coverage

• Uninsured or underinsured motorist coverage that may apply

• Potential third-party defendants (employers, property owners, contractors, product manufacturers) who may bring additional insurance to the table

When a criminal defendant is also the civil defendant, there may be pressure to settle early or to provide statements that later create problems. Early legal guidance helps families avoid missteps and protect the civil claim.

Fifth Amendment issues and civil discovery

When a criminal case is pending, defendants sometimes invoke the Fifth Amendment and refuse to answer questions in civil discovery. That can affect the pacing and strategy of a civil case. Courts may stay certain aspects of the civil proceedings, or the civil case may continue with other evidence sources. A careful strategy is needed so the civil claim is protected while the criminal process unfolds.

Damages in catastrophic injury and wrongful death cases

In civil cases, damages are designed to address both financial losses and the human consequences of severe harm.

Economic damages

Economic damages are measurable financial losses. They can include:

• Emergency care, hospitalization, surgeries, rehabilitation, and specialist treatment

• Physical therapy, occupational therapy, speech therapy, and psychological counseling

• Medications, durable medical equipment, and assistive technology

• Home modifications and vehicle modifications (ramps, accessible bathrooms, lifts)

• In-home care, skilled nursing, and long-term care placement when needed

• Lost wages and loss of future earning capacity

Non-economic damages

Non-economic damages reflect the personal impact of the injury or loss, such as:

• Pain and suffering

• Disability and disfigurement

• Loss of normal life (the inability to do the activities that made life meaningful)

• Emotional distress and trauma in appropriate cases

In wrongful death cases, damages can also involve the family’s losses—companionship, guidance, and the support the deceased person provided. The specifics depend on the facts and the applicable Illinois statutes governing wrongful death and survival actions.

Dram shop implications and other third-party liability

In some catastrophic injury and death cases, additional parties beyond the individual wrongdoer may share responsibility. One example in Illinois is the Dram Shop Act, which may allow claims against an alcohol provider when the sale or gift of alcohol contributed to intoxication that caused harm. Dram shop claims have unique rules, damage limits, and strict time constraints, so early investigation is essential if alcohol service might be part of the story.

Other third-party liability possibilities can include negligent security, unsafe property conditions, employer liability (if the wrongdoer was acting within the scope of employment), and product liability (when a defective product contributed to the injury). Identifying all responsible parties early can be the difference between an underfunded resolution and a recovery that truly supports long-term needs.

What families should do after catastrophic injury or a fatal incident

Prioritize medical care and documentation

Catastrophic injuries require coordinated care, and the medical record becomes a central piece of any civil claim. Follow treatment recommendations, keep appointment records, and save discharge papers, imaging results, medication lists, and therapy notes. If a loved one cannot communicate well after injury, family observations about confusion, pain, and functional changes are important.

Preserve evidence and information

Families can help by documenting what they can early:

• Photographs of injuries, property damage, or the scene (if available)

• Names and contact information for witnesses

• Any communications from insurers or investigators

• Receipts and records for out-of-pocket expenses

• A daily log of symptoms, limitations, and care needs

Be careful with statements and quick settlements

Serious cases often draw fast insurer attention. Adjusters may ask for recorded statements and may offer early settlements that do not account for future treatment, long-term disability, or lifetime care needs. Once a release is signed, the claim is usually over—no matter what complications appear later. Getting legal advice before signing anything is one of the safest choices a family can make.

Why early legal consultation matters

Early consultation is not just about “filing a lawsuit.” It is about protecting the victim’s future by taking practical steps before time-sensitive evidence and opportunities are lost.

Early legal help preserves leverage

In catastrophic injury and wrongful death cases, the strongest position is built early. When insurers and defense counsel see that a family has organized representation, preserved evidence, and documented damages thoroughly, the negotiation landscape changes. The case is valued based on risk—and a trial-ready case typically carries more settlement value than one built late.

Early legal help protects the family from overwhelm

Families in crisis should not have to manage adjuster calls, records requests, lien questions, and legal deadlines while also managing care and grief. A personal injury attorney can take the pressure off by handling communication, coordinating records, and building the claim while the family focuses on healing and stability.

Early legal help coordinates criminal and civil realities

When a criminal case is pending, families often need help understanding what to expect, what rights they have, and how to protect the civil claim without interfering with prosecution. A thoughtful legal approach can coordinate these parallel tracks so the family is not forced to choose one path at the expense of the other.

FAQ

Do we have to wait until the criminal case is over to start a civil claim?

Not necessarily, and waiting can be risky. Civil deadlines still apply, and evidence can disappear quickly. A civil case can often be started and preserved while a criminal case is pending, with strategy tailored to the situation.

What if the defendant is found not guilty in criminal court?

A not-guilty verdict does not automatically prevent a civil claim. Criminal cases require proof beyond a reasonable doubt, while civil cases typically require proof that something was more likely than not. The outcomes can differ because the standards and goals are different.

What kinds of compensation are available in catastrophic injury or wrongful death cases?

Compensation may include medical expenses, rehabilitation and long-term care costs, lost income and reduced earning capacity, and non-economic losses like pain and suffering and loss of normal life. In wrongful death cases, families may also pursue damages tied to their loss of companionship, guidance, and support.

Why should we consult a personal injury attorney early?

Early consultation helps preserve evidence, identify all insurance coverage and responsible parties, protect deadlines, and build the damages proof needed in serious cases. It also helps families avoid common pitfalls like recorded statements, premature settlements, or missed opportunities to secure key records and data.