The state of Illinois has many laws which are meant to help the victims of truck accidents take legal recourse in an effort to recover compensation for the damage the wreck has caused. There are also laws that apply to those who lose a loved one, such as a spouse, in a crash. If your spouse was killed in a truck accident in or near to Chicago, IL, and you are wondering what laws can help you seek justice for their death, read on as we have some important information pertaining to this for you below.
In the state of Illinois, a spouse is permitted to file what is called a wrongful death lawsuit in an effort to collect damages that can be used to compensate them if they were financially and emotionally dependent on their loved one for accrued medical expenses, funeral costs, and more. Illinois’ 740 Compiled Statute 80 states “whenever the death of a person shall be caused by the wrongful act, neglect or default, and the act, neglect or default is such as would, if death had not ensued, have entitled the party injured to maintain an action and recover damages in respect thereof, then and in every such case the person who or company or corporation which would have been liable if death had not ensued, shall be liable to an action for damages, notwithstanding the death of the person injured.”
This means that if the incident did not result in your loved one’s death, they would be have been able to pursue the liable party for damages. However, since the truck driver and/or the company in which they work for was negligent in some way which led to the accident being a fatal one, that puts you next in line to take legal action.
Why should I consider hiring a Chicago, IL truck accident lawyer to help me file a wrongful death lawsuit in Chicago?
When you choose to bring a claim against a trucker and/or company, there are certain important steps that must be taken if you want the outcome of your case to be a successful one. First and foremost, you are going to need a lawyer who is familiar with the laws that govern large trucks, such as those that are used in commerce. You need to know which state and federal laws these drivers are required to abide by and which ones were violated. This will help form a solid foundation for your case.
Second, you need to know what damages you are entitled to recover and how much you should receive. For example, if your spouse was the primary financial provider for your household, you will need an experienced attorney to establish how much you should receive now that you can no longer depend on your spouse for their support. Other damages,aside from medical expenses and funeral costs, that the state allows victims to recover include damages for grief, sorrow, and mental suffering. But what is grief, sorrow, and mental suffering worth? The truth is, without an attorney weighing in on the matter, the average individual will struggle to determine what they are entitled to for these types of damages.
This could result in you asking for too much which could cause a rift between you and the liable party and delay the settlement of your case, or you may receive too low of an amount. To avoid either situation, it is best that you have an IL truck crash lawyer working by your side and assisting you through each step associated with the lawsuit process.
If you are interested in learning more about filing a wrongful death lawsuit or are prepared to initiate the process, contact the Dinizulu Law Group, Ltd. to speak with a trusted and knowledgeable semi-truck accident attorney. Our lawyers have worked with clients who were victims themselves and families who have been torn apart by a tragic accident that claimed the life of their loved one. We are here to help you get through this trying time.
To schedule an initial consultation today, simply call our office at 1-312-384-1920 so that we can set up a time to speak with you.
The Dinizulu Law Group, Ltd. is conveniently located in downtown Chicago at:
221 North La Salle Drive, Suite 1100
Chicago, IL 60601