The shock of losing a loved one in a pedestrian accident can leave you feeling lost and helpless. It’s hard to know where to turn when grief mixes with the uncertainty of how to move forward. In Chicago, the law allows families to seek justice through a wrongful death claim.
Our pedestrian accident death lawyer in Chicago is here to help you every step of the way—whether it’s investigating the accident, negotiating with insurance, or representing your family in court. We’ll make sure your voice is heard and fight for the compensation and justice you deserve.
How Our Pedestrian Accident Death Lawyers Can Help
Navigating the legal world during such a difficult time can feel daunting, but the Chicago Injury Lawyer is here to help. Our experienced lawyers will:
1. Investigate the Accident Thoroughly
To build a strong case, we need to uncover all the facts. Our lawyers will conduct a thorough investigation into the pedestrian accident, gathering vital evidence like witness statements, police reports, and traffic camera footage. We will also examine whether there was any negligence involved—whether from the driver, local government, or another party.
2. Handle All Legal Documentation
The last thing you should be worrying about during this emotional time is paperwork. Our team will take care of all the legal documentation required for your case. From filing claims to submitting evidence, we ensure all deadlines are met with precision, so you don’t have to.
3. Fight for Fair Compensation
In a wrongful death case, you may be entitled to a variety of damages, including medical bills, funeral costs, lost wages, and compensation for emotional pain and suffering. We will work relentlessly to make sure you receive the compensation your family deserves.
4. Provide Emotional Support
While we handle the legal complexities, we also offer the support you need during this trying time. Our lawyers will answer your questions, explain your options, and guide you through each step of the legal process, so you feel confident and supported.
5. Represent You in Court
If necessary, we will take your case to court and fight to hold the responsible party accountable. We prepare every case as if it’s going to trial, ensuring the best possible outcome for your family.
What to Do If Your Loved One Dies in a Pedestrian Accident
Losing someone you love in a pedestrian accident is devastating. Along with grief, you’re left with unanswered questions, financial strain, and legal hurdles. Taking the right steps early on can protect your family’s future.
Immediate Actions After the Accident
- Ensure Safety and Call 911: Report the accident to emergency responders immediately. Gather details from the scene if it’s safe to do so.
- Document the Incident: Take photos, note witness information, and save any evidence related to the accident. These details can strengthen your case.
- Inform Close Family Members: Share the news with loved ones who can support you emotionally during this difficult time.
- Preserve Medical and Legal Records: Keep copies of medical reports, bills, and any other documentation related to the accident for future reference.
- Consult with a Lawyer: Chicago Injury Lawyer will guide you through the legal process, ensuring your rights are protected and your case is handled professionally.
Who is Liable in a Wrongful Death Lawsuit?
When a loved one dies in a pedestrian accident, it’s important to understand who may be held responsible for their death. Wrongful death lawsuits allow you to seek compensation from those whose negligence or reckless actions led to the fatality.
Potentially Liable Parties in Pedestrian Accidents:
The driver of the Vehicle:
If the driver was speeding, distracted, or driving under the influence, they may be held liable for causing the pedestrian accident. Reckless or negligent behavior is a common cause of wrongful death.
Government or Municipality:
If the accident occurred due to poorly maintained roads, inadequate signage, or unsafe traffic signals, local governments or municipalities might be at fault. In these cases, proving liability can be complex and may involve specific legal procedures.
Vehicle Manufacturer:
In some cases, faulty vehicle equipment—such as malfunctioning brakes or steering systems—may contribute to the accident. If the vehicle’s defect led to the pedestrian’s death, the manufacturer could be held accountable.
Pedestrian or Third-Party Negligence:
While drivers are often at fault in pedestrian accidents, there are rare cases where the pedestrian or another party may share some responsibility. However, this is typically only relevant if there is clear evidence of negligence.
Who Can File a Wrongful Death Claim in Illinois?
Certain people can file a wrongful death claim if their loved one dies in an accident like a pedestrian crash. This helps the family get justice and possibly compensation.
People Who Can File a Wrongful Death Claim:
Spouse of the Deceased:
If you’re the husband or wife of the person who died, you can file the claim. You have the right to seek justice for your partner’s death.
Children of the Deceased:
If the person who passed away was a parent, their children can also file the claim. This is true whether the children are minors or adults.
Parents of the Deceased (if no spouse or children):
If the deceased had no spouse or children, their parents can file the claim. They must show that the loss is causing them pain.
Siblings or Other Family Members (in some cases):
In rare cases, brothers, sisters, or other close family members might be allowed to file if no one else can.
What Compensation Can You Receive in a Pedestrian Accident Wrongful Death Lawsuit?
The aftermath of a pedestrian accident often leaves families with overwhelming financial burdens. Fortunately, Illinois law allows you to seek compensation for a wide range of losses, including:
- Funeral and Burial Expenses: We ensure that your family isn’t burdened by the cost of saying goodbye to your loved one.
- Medical Bills: Any medical expenses incurred before your loved one passed away due to the accident can be included in the claim.
- Lost Wages and Future Earnings: If your loved one was the primary breadwinner, you can seek compensation for lost wages and the future income your family will miss out on.
- Pain and Suffering: While no amount of money can truly make up for your loss, you deserve compensation for the emotional toll it has taken on you and your family.
- Loss of Companionship: Your loved one’s death has impacted your life in countless ways. Compensation can cover the loss of their emotional support and companionship.
The Statute of Limitations for Wrongful Death in Illinois
In Illinois, the law gives you two years from the date of your loved one’s death to file a wrongful death claim. This rule is part of the Wrongful Death Act (740 ILCS 180/1). If you don’t file within this time, you may lose your right to seek justice and compensation.
The time starts counting down right after your loved one’s death. Gathering important evidence, identifying who is at fault, and completing all the necessary paperwork takes time. If you wait too long, it could make the process harder, and you may not be able to pursue your claim.
Why Choose Our Pedestrian Accident Wrongful Death Lawyers?
When a loved one is lost due to a pedestrian accident, you may feel like the world has come to a halt. However, there are critical steps you must take to ensure justice is served. Our skilled wrongful death lawyers have extensive experience in helping families just like yours. Here’s why you should trust us:
- Expert Legal Knowledge: We understand the complexities of wrongful death claims and the unique challenges pedestrian accident cases present.
- Empathy and Compassion: Our team listens to you and works closely with your family to understand your needs while offering the emotional support you deserve.
- Aggressive Representation: We fight for your rights in court, relentlessly pursuing the compensation your family is entitled to.
- No Fees Unless We Win: We work on a contingency basis, meaning you don’t pay unless we secure a favorable outcome for you.
Don’t Wait—Act Now for Justice
The statute of limitations in Illinois for filing a wrongful death lawsuit is limited. If you delay seeking justice, you may lose the opportunity to file your claim. The sooner you act, the sooner we can start working to secure the compensation you deserve. Contact Chicago Injury Lawyer today for a compassionate consultation with one of our experienced pedestrian accident wrongful death lawyers.
Frequently Asked Questions
Do I need to prove the driver was negligent to win my case?
Yes, you need to show the driver was at fault, like driving recklessly, speeding, or ignoring traffic signals. Your lawyer will gather evidence to prove this.
How do I know if my loved one’s accident qualifies for a wrongful death claim?
If the accident happened due to someone’s negligence, you may qualify. A lawyer can review the details and determine if a wrongful death claim is possible.
