Flaherty Law
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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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2016 Saw a Record Number of Fatal Car Accidents in IllinoisBad news for drivers: car accident fatality rates in Illinois rose to their highest levels in years in 2016. Last year, there were a reported 1,055 deaths on Illinois roads. This is the first time since 2008 that the number of fatalities has risen over 1,000.

In 2008, there were 1,043 roadway fatalities. In 2009, there were 911 fatalities reported. This was the first time this figure was under 1,000 since 1921. In recent years, the death toll has crept up. In 2014, 924 fatalities were reported, and in 2015, that number jumped to 998.

Nationwide, fatalities have been increasing in recent years. In 2015, there were 38,300 deaths, which was an 8 percent increase from 2014. This increase was the largest annual increase in 50 years.

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