Three Ways to Build a Strong Wrongful Death Case
Wrongful death cases occur when a person's negligent or intentional actions result in the death of another person. These cases require careful preparation and a strong legal strategy to ensure justice for the deceased and their surviving family members. If you are currently facing a wrongful death case and want to ensure your case is as strong as possible, discuss with your personal injury attorney in Illinois what steps you can take to pursue a favorable case outcome and compensation.
Step #1 – Establishing Liability
The first step in building a solid wrongful death case is to establish liability. This involves proving that the defendant's actions or omissions directly caused the death. To accomplish this:
Gather evidence – Collecting evidence is a fundamental step toward establishing liability. This may include accident reports, witness statements, and medical records. Preserving and documenting evidence is essential to preserve any document evidence as soon as possible after the incident
Proving a Distracted Driver Caused Your Accident
In today’s technology-driven world, distracted driving has rapidly become a leading cause of car accidents. Proving that a distracted driver caused your accident is a crucial element in seeking compensation. If you believe distracted driving was to blame for your accident and subsequent injuries, contact a knowledgeable attorney in Illinois to give yourself the most favorable opportunity to pursue compensation related to your injuries.
What is Distracted Driving?
Distracted driving is a cause of many personal injury cases in Illinois, and is any activity that diverts a driver’s attention from the road. Common distractions include texting, talking on the phone, eating, grooming, or using in-car technologies like the radio or GPS. To prove that a distracted driver caused your accident, you must gather evidence demonstrating the driver’s negligence in engaging in such activities while driving.
Adapting To Life Following A Catastrophic Injury
Catastrophic injuries are life-altering and bring many challenges with them well into the future. Suffering a catastrophic injury not only affects not the victim, but also their family and friends. So how does one cope with such an extremely challenging experience? In all injuries of this magnitude, you should seek the best help you can. Though your life may never be the same, you will need to look to preserve your future interests. An aggressive personal injury attorney can fight on your behalf to ensure you receive the compensation necessary to carry on no matter the severity of the injury.
A Catastrophic Injury
A catastrophic injury is an injury so severe that its effects are long-lasting, possibly permanent, and can affect not only the victim but their family and friends as well. Disfigurement is a strong possibility in a catastrophic injury where the more severe injuries result in paraplegia, quadriplegia, or death. A catastrophic injury can impact every aspect of your life and bring with it many challenges that can feel like an uphill battle.
Understanding the Wrongful Death Act and Survival Act in Illinois
Losing a family member to the negligent act of another individual can send devastating ripples throughout your household. On top of the emotional turmoil, there is also the concern of financial matters. A wrongful death in Illinois can occur at any moment and understanding how to receive compensation for a loved one and for those left behind is critical during the healing process. An attorney with experience in wrongful death lawsuits can help you decipher the legalities and complexities that go into a wrongful death claim.
Illinois Survival Act
The Illinois Survival Act is meant to be a deceased person’s voice and actions after a wrongful death occurs. The act enables the surviving family of the deceased the option to file a claim and recover financial compensation through an estate on behalf of the deceased. It will cover the same damages as if the deceased individual had survived, which can include:
Who is At-Fault For a Multi-Car Pileup in Illinois?
A multi-vehicle collision accident can be a scary experience for anyone. Attempting to unravel who is at fault for injuries sustained in the accident can be downright stressful. Multi-vehicle accidents are a complicated mess but, in Illinois courts, sorting out liability is done using the standard of modified comparative negligence. You will want to understand what this is, how to prove fault, and how to take action following an accident which makes it all the more important to secure an experienced attorney.
Modified Comparative Fault
Illinois uses modified comparative fault in injury lawsuit decisions for how damages are split. Instead of requiring proof of 100 percent at-fault negligence as is the case for contributory negligence, comparative negligence is left up to the court to decide the at-fault percentage of each party. So, using modified comparative fault in a three-car pileup, the court will look at how much negligence each party was responsible for. To receive compensation, the defendant would need to be 51 percent or more responsible, or the plaintiff would need to be 50 percent or less responsible, for the accident taking place.
Can a Minor Pedestrian Accident Result in Severe Injuries?
Pedestrian accidents can be devastating, and while severe injuries are often associated with high-speed collisions, it is important to recognize that even seemingly minor pedestrian accidents can result in injuries that may be worse than they initially appear. If you were injured in a pedestrian accident and are suffering from injuries, hire a lawyer in Illinois and review your options.
Three Factors That Contribute to Severe Injuries in Pedestrian Accidents
Speed and impact – Although a minor pedestrian accident may involve a low-speed collision, the impact can still cause severe injuries. Factors such as the size and weight of the vehicle, the angle of impact, and the vulnerability of the pedestrian can all contribute to the severity of the injuries sustained. Even at low speeds, the force exerted on a pedestrian’s body can result in broken bones, head injuries, spinal cord injuries, and internal organ damage.
Can a Pedestrian Be At-Fault in an Accident?
In Illinois, like most states, the rules of the road prioritize pedestrians. However, there are circumstances where pedestrians can be held partially or entirely at-fault for accidents, especially those involving vehicles. If you live in Illinois and were involved in an accident involving a pedestrian and you suffered injuries, it may be worth pursuing an injury claim. You have rights that you may not be aware of. Your attorney will work with you today to examine your case's details while ensuring your rights are protected.
Legal Framework in Illinois
Illinois follows a modified comparative negligence system. This means that the involved parties can share fault in an accident. According to the Illinois Vehicle Code, pedestrians have the right of way at crosswalks and intersections, but they must exercise reasonable care for their own safety. If a pedestrian fails to exercise reasonable care for their own safety, there may be a finding of comparative fault, reducing the amount of compensation a pedestrian can receive.
Why Apologizing at the Accident Scene is a Bad Idea
In the aftermath of a car accident, emotions can run very high, making it tempting to apologize, even if you were not at fault. While this may seem like a natural reaction to the accident occurring, doing so can be terribly detrimental and expose you to a slew of unintended consequences. Remember, if you have been in an accident, you want to safeguard your rights as soon as possible. This begins with saying nothing to hurt your case at the accident scene and calling a lawyer in Illinois to represent you in an injury claim as soon as you are able to.
Admission of Liability
Apologizing at the accident scene can be misconstrued as an admission of guilt or liability. Even if you believe you were not at fault, a simple apology may be used against you in legal proceedings. Insurance companies and opposing parties may seize upon your apology as evidence of fault, potentially undermining your defense and jeopardizing your chances of receiving fair compensation.
Who Can Pursue a Wrongful Death Case in Illinois?
Wrongful death cases are often emotionally gut-wrenching affairs, as pursuing justice for your loved one in the wake of their death can be difficult, especially as you try to juggle the emotional aspect of things with the legal side of things. If a wrongful death has happened to someone close to you, you may be wondering whether you are eligible in Illinois to pursue a wrongful death case on their behalf. If this sounds like your situation, contact a lawyer to see whether pursuing a case is an option available to you.
Here is Who Can Pursue Wrongful Death Cases
- Surviving spouse or domestic partner – In Illinois, the surviving spouse or domestic partner of the deceased is the primary party entitled to file a wrongful death lawsuit. The law recognizes the unique bond between spouses, thus allowing them to seek compensation for the loss of financial support and companionship resulting from their loved one’s death.
Will I Win My Car Accident Injury Case?
If you have been injured in a car accident and are pursuing a personal injury case, it is natural to wonder about the likelihood of winning. While every case is unique and outcomes can never be guaranteed, providing insights into the factors that can influence the outcome of a car accident injury case is crucial for those injured in a car accident. If you are suffering from injuries sustained during a car collision, contact a lawyer in Illinois. You and your attorney will sit down, examine the case’s particulars, and formulate a plan to move forward with a strong injury case that may eventually compensate you for your injuries.
Factors Influencing the Outcome of a Car Accident Case
Several factors can influence the outcome of a car accident case. First and foremost, liability must be established. For example, if you and your lawyer can prove that the other party was negligent and their negligence directly caused your injuries, it will significantly strengthen your case. The strength of the evidence, including police reports, witness testimony, and medical records, also plays a crucial role. The severity of your injuries and their impact on your life, such as medical expenses, lost wages, and pain and suffering, are significant factors in determining the potential compensation.