Wrongful Death Claims Following Fatal Car Accidents

Fatal car accidents change a family forever. While nothing can bring a loved one back, there are legal avenues to provide financial help for families. One is a wrongful death lawsuit. A wrongful death claim can provide financial relief, hold the responsible party accountable, and offer a sense of justice and closure. This is what you need to know about wrongful death claims before you decide to file.

What Is Wrongful Death?

The term “wrongful death” refers to the unlawful killing of an individual, typically due to another person’s intentional or negligent actions. A wrongful death could arise from intentional acts, such as an assault. Often, it happens due to negligence, such as running a red light or failing to clear ice from a sidewalk. It can also stem from incidents of medical malpractice. When a death results from another party’s wrongful conduct, whether intentional or negligent, a wrongful death claim may be pursued.

In Illinois, wrongful death occurs when someone dies as a result of someone else’s wrongful act, neglect, or default, and the decedent could have brought a personal injury lawsuit if they survived. (740 Ill. Comp. Stat. § 180/1 (2024).)

Can Anyone File This Suit?

No. Who is allowed to file the suit depends on the state. In Illinois, a wrongful death lawsuit must be filed by the personal representative of the decedent’s estate. If the decedent had a will, the representative is named in it; otherwise, the probate court appoints one. The lawsuit is filed for the benefit of the surviving spouse and next of kin, generally limited to those who can prove financial dependence on the decedent.

When and Where Do I File?

A wrongful death lawsuit in Illinois is filed in the Circuit Court, the state’s primary trial court. The appropriate venue is typically the court nearest to where the defendant resides, has its principal place of business, or where the fatal incident occurred. If the wrongful death claim is against the State of Illinois, the case must be filed in the Court of Claims.

Those interested in filing this suit must be mindful of the statute of limitations. The statute of limitations serves one purpose: to bar claims that are not filed within the designated time frame. If the deadline passes and no extension applies to the situation, a wrongful death claim is effectively dead, with no way to revive it. Filing after the deadline will almost certainly result in the opposing party requesting dismissal, and the court will likely grant it. Worse, the court could impose sanctions for filing a frivolous claim. In Illinois, the filing deadline for wrongful death claims is two years from the date of the deceased person’s death, as specified in 740 Ill. Comp. Stat. § 180/2(d) (2024).

Possible Causes of Fatal Car Accidents Leading to Wrongful Death Claims

Fatal car accidents often result from negligent, reckless, or unlawful behavior. These are some of the most common causes of car accidents:

Commercial Vehicle Accidents: Crashes involving trucks, buses, or other commercial vehicles often result in severe or fatal injuries.
Defective Vehicles: Mechanical failures or design defects that lead to fatal accidents.
Distracted Driving: Texting, using a cellphone, or engaging in other distractions while driving.
Drunk Driving: Operating a vehicle under the influence of alcohol or drugs, resulting in impaired judgment and reduced reaction time.
Failure to Obey Traffic Laws: Running red lights, failing to yield, or disregarding stop signs.
Reckless Driving: Engaging in dangerous behaviors such as aggressive lane changes or tailgating.
Speeding: Exceeding speed limits or driving too fast for road conditions.

Types of Damages in Wrongful Death Claims

Wrongful death claims seek to compensate for both economic and non-economic losses associated with the fatal car accident. The types of damages available may include:

Economic Damages:
- Medical Expenses: Reimbursement for medical treatment provided to the deceased before their death, including emergency care, surgeries, and hospitalization.
- Funeral and Burial Costs: Compensation for funeral and burial expenses, including the cost of the service, casket, and cemetery plot.
- Lost Income: Compensation for the income the deceased would have earned, including future earnings, retirement benefits, and financial contributions to the family.
Non-Economic Damages:
- Pain and Suffering: Compensation for the emotional distress experienced by surviving family members due to the sudden loss of their loved one.
- Loss of Companionship: Damages for the loss of love, affection, guidance, and support provided by the deceased.
- Loss of Consortium: Compensation for the loss of marital companionship and intimate relations between spouses.
Punitive Damages:
- In cases involving egregious misconduct, such as drunk driving or intentional harm, the court may award punitive damages to punish the defendant and deter similar behavior in the future.

Calculating damages in wrongful death claims can be complex, as it involves assessing both current financial losses and the long-term impact on the family’s future financial stability.

In many states, damages for wrongful death claims, particularly for non-economic losses like grief and emotional distress, are subject to caps. Illinois, however, generally does not impose such limits on wrongful death damages — with one key exception. If the wrongful death claim is against the state, total damages are capped at $2 million, adjusted annually for inflation, unless the death resulted from the negligent operation of a state vehicle (705 Ill. Comp. Stat. § 505/8 (2024)).

Contact a Wrongful Death Attorney

The loss of a loved one in a motor vehicle accident is an immeasurable tragedy, and no financial compensation can ever truly make up for such a profound personal loss. However, pursuing a wrongful death claim may offer surviving family members essential financial support, a measure of justice, and a path toward emotional closure. If you have experienced such a loss, it is important to consult a qualified personal injury attorney to understand your legal rights and explore your options for seeking justice.