My Spouse Died in a Car Crash. Should I Sue?

I think we can agree that the death of a spouse is one of the most devastating losses you will ever face. But in addition to the shock and grief, you have to figure out how to go on. Bills still need to be paid and loved ones cared for. In Illinois, drivers involved in certain automobile accidents – including those involving a fatality – must file a report with the Illinois Department of Transportation. Also, if your spouse died in a car crash, you may be wondering if you should sue. We will take a look at some of the reasons filing a lawsuit might be in the best interests of you and your family.

Who Can Sue if Someone Dies in a Car Crash?

A wrongful death lawsuit may be filed when one person has died because of another person’s intentional harmful act or because of negligence. The person who sues is generally a survivor of the person who died. Often a spouse or child sues the person who caused the death of their loved one.

In litigation, the person who files the lawsuit is called the plaintiff. The person being sued is the defendant. In cases involving death, the plaintiff represents the interests of the deceased person. In a situation where the decedent left behind a spouse, the spouse typically files the lawsuit.

But what kind of compensation can someone receive for the death of a spouse?

What Kind of Damages

A personal injury lawsuit involving a fatality might claim damages like the following:

  • Loss of love and companionship,
  • Loss of support that the deceased person may have provided in the future,
  • Loss of inheritance,
  • Loss of income,
  • The cost of the decedent’s medical treatment caused by the accident,
  • Funeral costs, and
  • Compensation for the decedent’s pain and suffering.

Some claims, like loss of income, can be measured in dollars and cents. Other claims, like loss of consortium, are non-economic damages for which any compensation can only be an estimate.

Money Cannot Replace a Life

However, the compensation you receive from the person who caused your loss may help you and your family cope with your loss. If you or someone you know has lost a loved one, contact a personal injury lawyer today. Under Illinois law, you only have two years to file a personal injury lawsuit.

Osvaldo Rodriguez has more than 20 years’ experience helping people like you. Schedule a free initial consultation or ask a question by calling us at 708-716-3441 or by completing the Contact form on our website.

Mr. Rodriguez is fluent in both Spanish and English.

We represent clients throughout the state of Illinois, including Chicago, Addison, Bellwood, Bensenville, Berwyn, Chicago, Cicero, Elmwood Park, Franklin Park, Maywood, Melrose Park, and Northlake.

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