
Why Are Seemingly Minor Car Accidents Sometimes Fatal?
The loss of a loved one to a car accident is a heart-wrenching experience for anyone to go through. It can be all the more jarring if the accident did not seem serious at first, but caused a sudden, sharp downturn in health that eventually resulted in death. If somebody else caused the accident that claimed your loved one’s life, you deserve justice and closure. While no monetary award can ever close an emotional wound, an Illinois personal injury attorney can help you take legal action against the driver, advocating for a fair remedy on your behalf.
At Schwartz Injury Law, we represent surviving family members of car accident victims in wrongful death claims. Our law firm has secured multi-million dollar settlements and verdicts through aggressive legal strategies, including a $1.1 million settlement from a car accident death.
Types of Car Accidents That Can Result in Fatal Injuries
It is easy to forget just how dangerous car accidents can be, despite all the technological innovations in safety over the years. When the human body is subjected to strong forces at high speeds, the resulting damage can be fatal – even if it does not seem serious at first. We can investigate different kinds of car crashes, such as:
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Rear-end accidents
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Head-on collisions
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Sideswipe collisions
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T-Bone accidents
If you have been hurt in a car accident, it is critical that you seek medical attention as soon as possible. Unfortunately, many car accident victims mistakenly believe their injuries are minor and do not pursue urgent medical care, not realizing that the situation is far more severe than they feel. Even if you feel mostly fine, you could be left with underlying damage that can lead to your health deteriorating over time. When serious injuries are caught and addressed early on, your chances of survival increase exponentially.
Car Accidents Can Aggravate Pre-Existing Medical Conditions
No two people have the same health conditions, and what constitutes a minor car crash for one person could be life-threatening to another. For example, consider someone with a heart condition. The stress of a car accident could send that person into cardiac arrest.
Older people are also placed at greater risk of death in car accidents. As we get older, our bodies naturally become more fragile and prone to injury. A crash that might be slightly rough for a younger person could be devastating for a senior citizen. The presence of a pre-existing health condition can explain a death in a seemingly minor car accident, but it does not justify the negligence of the driver who caused the crash.
Traumatic Brain Injuries in Car Accidents
Traumatic brain injuries, or TBIs, are a type of catastrophic injury that sometimes result from car accidents. TBIs can be caused by a driver’s head slamming into the steering wheel or dashboard in a crash. In other cases, the whiplash of coming to an abrupt halt is enough to jostle the brain inside of the skull, resulting in a traumatic brain injury.
An injury to the brain can come with lifelong, sometimes fatal health complications. In more severe cases, victims of traumatic brain injuries may suffer from seizures and regular loss of consciousness, which can lead directly to death. A TBI from a car crash might also result in the victim becoming comatose or brain dead without any hope of recovery.
How Can I Prove That the Other Driver Was at Fault in a Fatal Car Accident?
Proving that the other driver was responsible for a car accident is not always easy. Even if your case seems fairly cut-and-dry, the driver’s insurance company may aggressively deny any responsibility if there is no hard evidence. To get the compensation you deserve for an accident, you will have to supply proof that the other driver caused the collision.
Vital evidence in a car accident claim can take different forms. Witness testimony from someone at the scene of the crash can help to support your claim. Other evidence might include CCTV footage or videos from traffic cameras, as well as photos taken from the accident.
Illinois follows a comparative negligence model in personal injury cases, so even if your loved one was partially at fault for the accident, you could still recover partial compensation. At Schwartz Injury Law, we will advocate for maximum compensation on your behalf, arguing to minimize your loved one’s fault for the collision.
Filing a Wrongful Death Claim for a Car Crash Resulting in Death
If you have lost someone you care about due to a car accident, you can recover compensation for their death in a wrongful death claim. This right is usually extended to surviving spouses, children, and other next-of-kin. Whatever your relationship to the victim is, the claim must be filed by the personal representative of the estate.
Compensation in a wrongful death claim may account for different expenses such as end-of-life medical treatment, property damage, funeral arrangements, and the loss of household income. However, it may also factor in non-economic damages like your personal grief and the loss of companionship. At Schwartz Injury Law, we can represent you in a wrongful death claim, fighting for maximum compensation for the loss of your loved one. If the other driver’s insurance company will not pay you a fair, full settlement, our attorneys are prepared to go to trial on your behalf.
Why the Statute of Limitations Matters in Illinois Car Accident Deaths
The statute of limitations is an important concept in personal injury and wrongful death claims. It is essentially a time limit that governs how long you can take legal action after an accident. When the statute of limitations expires, you cannot file a claim and collect compensation – with very few exceptions.
In Illinois, the statute of limitations for wrongful death claims in car accidents is two years from the date of death. With this in mind, it is important that you take legal action as soon as possible after a collision. You may be able to recover more evidence for your claim if you investigate the accident sooner.
Contact a Kendall County, IL Car Accident Lawyer Today
Not all fatal car accidents resemble flaming wrecks. If somebody you care about has died in a collision, a Joliet, IL personal injury attorney can help you file a claim for compensation.
Schwartz Injury Law is here to fight for your right to justice. Call our offices at 708-888-2160 to schedule a free consultation today.