Flaherty Law
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24047 W. Lockport Street, Suite 201C, Plainfield, IL 60544
 
Will County Personal Injury Attorney
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Will County wrongful death claim attorneyThe pain of losing a loved one can be incredibly traumatic. The tragic loss of a spouse or a family member can be especially difficult when the loss was caused by someone else’s negligence. While finances are often far away from the forefront of one’s thought process after a tragedy in the family, losing a family member, especially a spouse or parent, can have a monumental impact on one’s financial security. If you believe your loved one was fatally injured by the reckless or negligent actions of another party, you should understand your options for pursuing compensation through a wrongful death lawsuit. 

The Wrongful Death Act

Here in the state of Illinois, a death in which a party is liable is defined by the state’s Wrongful Death Act (740 ILCS 180). According to Illinois law, wrongful death occurs when the death of a person is caused by neglect or a wrongful act that would normally constitute a personal injury suit if the injuries suffered were not fatal. Common situations involving wrongful death include fatal injury suffered in a car accident, death in a workplace accident, or the negligence of a nursing home employee ultimately leading to the death of a resident.

The Survival Act

While the Wrongful Death Act addresses the damages caused to a victim’s family members, another law, the Survival Act, allows for a victim’s estate to pursue compensation from the person responsible for their death. A lawsuit filed under the Survival Act can seek to recover damages caused by the negligent party to the victim, such as medical expenses, lost income, property damage, and pain and suffering. Any compensation recovered will be paid to the deceased person’s estate, and it will then be distributed to their next of kin according to the terms of their last will and testament.

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Illinois truck accident lawyerA truck driver responsible for the deaths of five people was recently sentenced to 10 years in prison. The deadly truck accident occurred in northern Illinois.

The truck driver pleaded guilty to five counts of reckless homicide. He also pleaded guilty to falsifying logbook records tracking how many hours he had worked.

The 2014 accident occurred on Interstate 55 near Channahon when traffic slowed down in a construction zone. Four of the fatalities were adults, and one 11-year-old also died. In one car, the accident claimed the life of a father, but his three children survived.

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