Automobile Accidents and Wrongful Death Claims

Car accidents can have a devastating effect on the lives of the drivers, passengers, and family members of the individuals involved in the wreck. While minor accidents may have little or no effect on the person's health or well-being, serious collisions may result in severe injuries and even death. If a person dies due to the negligent or reckless actions of another driver, the surviving family members may be able to pursue a wrongful death claim.

The loss of a loved one in an auto accident can be a particularly traumatic event to deal with. Surviving family members may be left with an unfathomable feeling of loss and grief, and they may be forced to deal with difficult financial issues including collision costs, medical bills, and funeral expenses, as well as loss of financial support from the deceased. The Chicago personal injury lawyers of Friedman & Bonebrake, P.C. wish to provide you with the following information about wrongful death claims so that you can better understand your options if the unthinkable occurs.

Car Accident Cases and Claims

When it comes to car accidents, it may be difficult to figure out who is at fault for a collision. While some cases may be easy to determine, others may require investigation, eyewitness accounts, and police reports to piece together what actually occurred and who was responsible for the wreck. Automobile accidents occur every day, but it is the responsibility of drivers on the road to make sure they operate their vehicles in a safe and responsible manner to help avoid collisions.

In order to pursue a car accident claim, the four elements of a personal injury tort must be present. Failure to prove that the elements exist may result in the denial of your claim or a loss in court. As they pertain to a car accident, the four elements are:

• Proof that the driver had a duty to the injured party, which may include a responsibility to obey the speed limit, use turn signals, operate his or her vehicle in a manner consistent with others on the road, or not to drive after consuming alcohol
• Proof that the driver breached that duty. This may include failing to obey the speed limit, operating the car in a reckless manner, or driving under the influence of alcohol
• Demonstrating that an injury or death occurred
• Proof that the injury or death was caused by the accident in question

If the prosecution can show that the four elements of a personal injury tort are present, the judge or jury may have reason to settle the case in favor of the plaintiff. When it comes to car accident cases, showing that the driver had a duty to operate his or her car in a responsible manner and that he or she failed to do so is usually crucial to the personal injury or wrongful death case. By consulting an experienced Chicago personal injury lawyer, you may be able to determine if the necessary elements are present in your case.

Compensation for a Wrongful Death Claim

Following the unexpected passing of a loved one, family members may find themselves filled with severe mental and emotional anguish. They may also be expected to pay out-of-pocket for expenses including hospital bills and funeral costs. If the accident was caused by the negligence or recklessness of another individual, the surviving family members may be eligible for compensation for:

• Hospital bills
• Funeral expenses
• Pain
• Suffering
• Emotional and mental anguish
• Loss of companionship
• Loss of financial support
• Out-of-pocket expenses

If you have experienced the loss of a spouse or family member due to a car accident, contact the Chicago personal injury lawyers of Friedman & Bonebrake, P.C. today at 312-466-8200 to discuss your legal options.