Representing Families in Wrongful Death Lawsuits

The aftermath of a car accident of any kind can be devastating, but a fatal one is particularly so. Not only do the surviving family members grieve for their loved ones, but they are also left to deal with a mountain of stressful new realities and bills. It is hard to understand and even harder to live with. 

At Briskman, Briskman & Greenberg, we understand how difficult this situation is. If you and your family have lost a loved one in a car accident caused by another person’s negligence, you could be entitled to compensation for your damages. You deserve experienced and empathetic legal representation from attorneys who will fight for your rights. 

Illinois Fatal Car Accident Laws

Around one percent of car accidents in Illinois result in a fatality. That is nearly three people killed in vehicle accidents every day. Although not every fatal accident can be the basis for a wrongful death suit, some may. 

Illinois law allows for the immediate family members of the deceased person to file a wrongful death claim if the negligent or reckless behavior of another caused the accident and contributed to the death. A wrongful death claim is appropriate if the deceased person could have filed a personal injury lawsuit if they had survived. 

There are time limits for filing a wrongful death claim in court. After a fatal accident, the family has either two years from the date of the car accident or one year from the date of death, whichever date will be later. Sometimes an accident may occur months or years before the victim succumbs to their injuries, and this gives their family a path to compensation for damages even if the initial two-year statute of limitations for car accident and personal injury cases has lapsed. Failure to file a claim within the given time could result in the court dismissing the lawsuit and the family missing out on compensation to which they otherwise would have been entitled. 

Driving Safety Tips To Avoid Fatal Car Accidents

Potential Damages in a Fatal Accident Claim

Family members can recover damages from a wrongful death lawsuit for:

• Grief and emotional pain
• Loss of love and support of a parent
• Loss of financial support of a spouse
• Loss of companionship
• Medical expenses
• Funeral and burial costs
• More, depending on the specific situation

Some damages, like medical bills, are easy to calculate. Others, like grief and emotional pain, are harder to quantify because they do not correspond to a precise dollar value. They are valuable though and compensable in some cases. An attorney can look at the information available in a fatal car accident case and determine its full and fair worth. 

A personal representative of the deceased person, whether named by that person before they died or appointed by the court, can file a wrongful death claim to recoup the damages that the accident victim suffered as well as their own. This is usually an immediate family member of the deceased such as a spouse, parent or adult child and the compensation received is for the benefit of their dependents. 

The Briskman Guarantee 

At Briskman, Briskman & Greenberg, we know you have a choice when it comes to selecting a personal injury or workers’ compensation attorney. That is why we have created the Briskman guarantee, which is a six-part promise that we make to each of our clients:

1. You will receive a free consultation with an experienced attorney.
2. Because we do not use call screeners, when you call our office, you will speak with an attorney.
3. You will never have to pay a fee unless we can help you obtain compensation for your injuries.
4. We will always treat you with courtesy and respect.
5. We will keep you advised of all significant developments in your case.
6. We will promptly return your calls and emails.

The Briskman guarantee represents our firm’s commitment to our clients and their families. Other firms may claim to put their clients first, but our client testimonials and track record of success speak for themselves.

Experienced Attorneys on Your Side

If you have lost a family member in an accident caused by someone else’s negligent behavior, the dedicated Illinois personal injury lawyers at Briskman, Briskman & Greenberg can help. We understand how difficult it is to suddenly lose a loved one in an accident and processing a loss of this magnitude is hard enough without the added stress of finances.

Our firm has over 30 years of experience advocating on behalf of injury victims and their families. When you invite us to work on your case, we will fight for your family’s rights with sensitivity and determination, keeping you informed every step of the way. 

As a part of the Briskman Guarantee, your initial consultation is free. We work on a contingency fee basis, meaning you only pay us when we are successful in getting compensation for you or your family. To learn more, call 1-877-595-4878 to schedule a free consultation today. Briskman, Briskman & Greenberg has locations in Joliet and Chicago to serve you better.