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Edwardsville
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St. Louis
Case Types We Handle
Personal Injuries
Car Accidents
Truck Accidents
Motorcycle Accidents
Bicycle Accidents
Construction Accidents
Nursing Home Abuse
Wrongful Death
Slip and Fall Accidents
Daycare Injury & Abuse
Dangerous Drugs
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The #1 Chicago Fatal Car Accident Lawyer

Written By:
Tor Hoerman
Tor Hoerman

Attorney Tor Hoerman, admitted to the Illinois State Bar Association since 1995 and The Missouri Bar since 2009, specializes nationally in mass tort litigations. Locally, Tor specializes in auto accidents and a wide variety of personal injury incidents occuring in Illinois and Missouri.

This article has been written and reviewed for legal accuracy and clarity by the team of writers and attorneys at TorHoerman Law and is as accurate as possible. This content should not be taken as legal advice from an attorney. If you would like to learn more about our owner and experienced injury lawyer, Tor Hoerman, you can do so here.

TorHoerman Law does everything possible to make sure the information in this article is up to date and accurate. If you need specific legal advice about your case, contact us. This article should not be taken as advice from an attorney.

Chicago Car Accident Lawyers for Wrongful Death Cases

On this page, we’ll discuss the benefits of hiring a Chicago Fatal Car Accident Lawyer, the legal process for pursuing wrongful death claims in fatal car accidents, how a Chicago car accident lawyer can help you seek compensation, and much more.

Pursuing Wrongful Death Claims for Victims of Fatal Car Accidents

Losing a loved one in a fatal car accident is a heart-wrenching ordeal that leaves families grappling with emotional devastation and significant upheaval.

In addition to the emotional toll, families often face overwhelming medical expenses and lost income from their loved one’s sudden passing.

In times of such profound loss, seeking legal guidance and support becomes not just important but crucial.

Chicago Fatal Car Accident Lawyer

In Chicago, families affected by fatal car accidents are urged to hire a compassionate and experienced wrongful death car accident lawyer.

TorHoerman Law, a leading Chicago-based personal injury law firm, has a team of dedicated and knowledgeable attorneys who can help families through the process of filing a Chicago car accident claim.

Our lawyers have extensive experience in representing victims of fatal car accidents and their families, providing them with empathetic support and expert guidance throughout the legal process.

Contact our experienced car accident lawyers at TorHoerman Law for a free consultation.

You can also use the chatbot on this page to find out if you qualify for a fatal car accident lawsuit instantly.

Table of Contents

The Profound Impact of Fatal Car Accidents on Families

Motor vehicle accidents are one of the leading causes of death in the United States, with nearly 43,000 fatal car crashes reported each year.

Car accident victims experience a wide range of injuries that lead to temporary or permanent disabilities, emotional trauma, financial struggles, and even fatalities.

Family members are also profoundly affected by the consequences of a fatal motor vehicle accident.

Losing a loved one in a car accident is undoubtedly one of the most traumatic events that can happen to a family.

The sudden and unexpected loss can leave families struggling to come to terms with their grief and trying to pick up the pieces of their shattered lives.

The Emotional Toll on Families

The sudden loss of a family member in an auto accident inflicts profound emotional trauma.

Grieving families often struggle with overwhelming feelings of shock, disbelief, anger, and deep sadness.

The emotional toll can have a significant impact on their mental health and well-being, leading to depression, anxiety, and other psychological issues.

Families of fatal car accident victims may also experience feelings of guilt or regret if they were unable to say goodbye or spend enough time with their loved ones before their passing.

These unresolved emotions can make the grieving process even more challenging for families.

Financial Burden and Loss of Support

Beyond the emotional devastation, families are sometimes left to deal with significant financial burdens.

The sudden absence of a loved one can result in the loss of crucial financial support, including monthly income, healthcare coverage, and other essential contributions to household expenses.

The economic impact of losing a loved one in an auto accident can be incredibly challenging for families as they may struggle to cover daily living expenses and provide for their children’s future.

Surviving family members may also have to bear the financial costs of funeral arrangements, medical bills, and other expenses related to their loved one’s accident.

They may experience significant financial strain and struggle to maintain their standard of living.

Long-Term Effects on Children and Dependents

Children and dependents are especially vulnerable in the aftermath of a fatal car accident.

Losing a parent or caregiver can have lasting effects on their emotional well-being and future development.

The financial strain and uncertainty of the future can also add to their distress, affecting their education, social life, and overall stability.

The Importance of Legal Support for Families

A car accident claim involving the wrongful death of a loved one can be daunting for grieving families.

Seeking legal representation from an experienced car accident lawyer can provide families with the necessary support and guidance to recover compensation and pursue justice for their loss.

An experienced car accident attorney can help families understand their legal rights, determine liability, and build a strong case against the at-fault driver or party.

Lawyers can also negotiate with insurance companies on behalf of the family to ensure they receive fair compensation for their financial losses and emotional suffering.

The Impact of Auto Accidents in Chicago

Chicago, like many metropolitan areas, experiences a significant number of fatal car accidents each year.

According to the Chicago Department of Transportation (CDOT), 115 traffic fatalities occurred in the city of Chicago in 2023 alone.

Auto accidents affect not only car drivers and passengers but also pedestrians, bicyclists, and other road users.

These statistics highlight the ongoing issue of car accidents and the need for families to understand their legal rights in case of a fatal car accident.

Common Causes of Fatal Car Accidents in Chicago

Several factors contribute to fatal car accidents in Chicago.

Factors can include:

  • Negligent Driving: A negligent driver who fails to follow traffic laws jeopardizes the safety of others on the road.
  • Drunk Driving: Driving under the influence of alcohol or drugs is a serious offense that can result in severe and deadly car accidents.
  • Reckless Driving: Speeding, tailgating, and other reckless behaviors can cause a driver to lose control of the vehicle and cause fatal accidents.
  • Distracted Driving: Texting while driving, adjusting the radio, eating or drinking, and other distractions can take a driver’s attention away from the road and lead to a deadly car crash.
  • Drowsy or Fatigued Driving: Tired or sleepy drivers have a slower reaction time and may fall asleep at the wheel, leading to severe crashes.
  • Vehicle Defects or Malfunctions: Faulty brakes, worn tires, or other vehicle defects can cause accidents that result in injuries and fatalities.
  • Poor Road Conditions: Potholes, construction zones, and other hazards on the road can contribute to car accidents.
  • Inclement Weather: Snow, rain, and other adverse weather conditions can make driving more challenging and increase the risk of accidents.

Understanding these common causes is crucial in establishing liability in a wrongful death or personal injury claim.

Common Car Accident Injuries That Lead to Death

Car accidents often result in catastrophic injuries that prove deadly.

The most common car accident injuries that can lead to death include:

  • Traumatic brain injuries (TBI)
  • Spinal cord injuries (SCI)
  • Internal organ damage

Traumatic Brain Injuries (TBI)

TBIs are a leading cause of death in car accidents.

The impact of a collision can cause severe brain trauma, leading to immediate or delayed fatality.

The long-term effects of TBI can be life-changing and require ongoing medical care.

Many victims of TBI may require long-term rehabilitation and support to perform daily activities.

Spinal Cord Injuries (SCI)

An SCI can occur when the spinal cord is damaged in a car accident, resulting in partial or total loss of mobility and sensation.

Serious SCIs can lead to paralysis, affecting the victim’s ability to perform daily tasks and impacting their overall quality of life.

These injuries are often irreversible and require expensive medical treatment, ongoing care, and adaptations to the living environment.

SCIs lead to death in cases where the injury affects a vital part of the spinal cord or causes other complications, such as respiratory issues.

Internal Organ Damage

Blunt force trauma in car accidents can cause severe internal organ damage, such as ruptured organs or internal bleeding.

These injuries may require immediate medical attention and surgery to prevent fatality.

The severity of the injury may be unknown at the time of the accident, and the victim may not receive timely treatment, leading to a fatal outcome.

Fatalities from internal organ damage can occur hours or days after the accident, making it crucial for victims to seek medical attention immediately.

Pursuing Wrongful Death Claims for Fatal Car Accidents

A wrongful death claim is legal action taken by the surviving family members of a deceased individual whose death was caused by someone else’s negligence or intentional act.

In fatal car accidents, the at-fault driver may face criminal charges, but the victim’s family can also pursue civil action to recover damages for their losses.

Statute of Limitations

In the state of Illinois, there is a statute of limitations for filing wrongful death claims.

This law means that the family has a limited amount of time to file a claim after the victim’s death.

Illinois law allows two years from the date of death for wrongful death claims, but the time frame may vary depending on the circumstances.

It is crucial to consult with an experienced personal injury attorney to understand the statute of limitations in your case.

Establishing Liability in a Fatal Car Accident Case

A Chicago wrongful death lawyer plays a crucial role in establishing liability in a fatal car accident case.

Your lawyer will investigate the accident and gather evidence to determine who was at fault for the death of your loved one.

Your legal team will review police reports, witness statements, medical records, and other evidence to build a strong case.

Once they have established fault, your lawyers will work toward securing fair compensation for your losses.

The Role of a Chicago Fatal Car Accident Lawyer

Pursuing a claim for wrongful death from a car accident is a complex and emotionally difficult process, especially for grieving family members.

Having an experienced Chicago car accident attorney by your side can make a significant difference in the outcome of your case.

Roles of an attorney include:

  • Case evaluation
  • Investigation
  • Determining liability
  • Calculating damages
  • Negotiation and litigation

Case Evaluation

The first step in pursuing a wrongful death claim is to consult with an attorney for a case evaluation.

During this initial meeting, the lawyer will review the details of the accident and ask questions to determine if there is enough evidence to establish liability.

Our Chicago car accident lawyers provide families with a compassionate and thorough evaluation of their case.

Our team will analyze the legal aspects and determine the most effective strategy for pursuing compensation.

Contact us today to schedule a free consultation with our team.

We’re here to help you.

Investigation

A comprehensive investigation is critical to establishing liability in a car accident case.

Experienced wrongful death lawyers have the resources and expertise to gather crucial evidence, interview witnesses, and reconstruct the accident scene.

Lawyers will also review medical records to determine the cause of death and assess the financial impact on the family’s future.

They will work with expert witnesses, such as accident reconstruction specialists or medical professionals, to strengthen the case.

Determining Liability

Identifying and proving negligence by the responsible party is essential in establishing legal accountability and securing compensation for the family.

Determining liability can be complicated, especially in cases involving multiple parties or factors.

An experienced wrongful death attorney has the experience and legal knowledge to navigate these complexities effectively.

Lawyers will work tirelessly to build a strong case and hold the at-fault party accountable for their actions.

Calculating Damages

The compensation awarded in a wrongful death claim can vary significantly depending on the unique circumstances of each case.

An experienced fatal car accident lawyer in Chicago will have a deep understanding of the legal challenges and factors that impact the value of a wrongful death claim.

Lawyers will assess the full extent of damages, including:

  • Medical Expenses: This damage includes any medical treatment the victim received before death and any ongoing care they may have required.
  • Funeral and Burial Costs: The family can recover the expenses of a funeral, burial, or memorial service for their loved one.
  • Lost Income and Support: The family can seek compensation for the financial support they would have received from their loved one if they had not died.
    • This compensation, including lost wages, benefits, and other forms of financial support, is especially vital for families who lose a primary breadwinner.
  • Pain and Suffering: In some cases, the victim may have experienced pain and suffering before their death.
    • The family can seek compensation for this loss as well, along with compensation for the emotional pain and suffering caused by their loved one’s death.
  • Emotional Distress: Losing a loved one in a fatal car accident can have a significant emotional impact on the family members, who can seek compensation for their mental anguish, grief, humility, and other forms of emotional distress.
  • Loss of Companionship and Consortium: Family members can also pursue compensation for the loss of love, companionship, and support due to their loved one’s death.
    • This damage is especially crucial for spouses and children.

Wrongful death lawyers will work diligently to calculate the full extent of damages and ensure that the family receives maximum compensation for their losses.

Negotiation and Litigation

Experienced lawyers negotiate with opposing parties and insurance companies to secure a fair settlement for the family.

Insurance companies often try to minimize or deny liability, but a skilled attorney will fight for their clients’ rights and negotiate a fair resolution.

Negotiation may not result in a satisfactory outcome.

When this happens, car accident attorneys will be prepared to take the case to court and present a compelling case before a judge or jury.

Lawyers use their knowledge and experience to advocate for the family’s rights and seek justice for their loved one.

Complexities of Wrongful Death Claims

Wrongful death claims are intricate and require an in-depth understanding of the law and experience handling similar cases.

Claims also involve navigating a highly emotional and challenging time for the family members.

An experienced wrongful death lawyer in Chicago can guide families through this challenging process and provide them with the support they need to pursue justice for their loved one’s death.

Proving Negligence in Fatal Car Accidents

Proving negligence in fatal car accidents is one of the most critical elements of a wrongful death claim.

To establish liability, the attorney must prove that:

  • The at-fault party owed a duty of care to the victim.
  • The at-fault party breached this duty through their actions or inactions.
  • The breach directly caused the victim’s death.
  • The family has suffered damages as a result.

Proving these elements can be challenging, especially in cases where multiple parties may share responsibility for the accident.

A skilled attorney will investigate thoroughly, use evidence to demonstrate negligence, and hold the responsible party accountable.

Dealing With Insurance Adjusters

Navigating discussions with insurance adjusters requires skill and experience.

Every insurance company has a team of lawyers and adjusters whose primary goal is to minimize liability and pay out as little as possible in claims.

A wrongful death lawyer will communicate with these parties on behalf of the family and work to negotiate a fair settlement.

They understand the tactics used by insurance companies and can counter them effectively to secure maximum compensation for the family.

Navigating the Legal System

The legal process surrounding wrongful death claims can be complex.

Having a knowledgeable and experienced lawyer by their side helps families effectively navigate court proceedings and legal requirements.

From filing paperwork to gathering evidence and presenting a compelling case, fatal car accident lawyers have the skills and experience needed to handle every aspect of a wrongful death claim.

This support is especially crucial during a challenging time when the family is dealing with grief and other emotional challenges.

Consult an Experienced Chicago Fatal Car Accident Lawyer Today

An experienced wrongful death attorney is a valuable ally when dealing with the aftermath of a fatal car accident.

These professionals can effectively handle the challenges of wrongful death claims and advocate for families’ rights with expertise and compassion.

At TorHoerman Law, our team of experienced lawyers has a track record of successfully handling wrongful death claims and helping families receive the justice and compensation they deserve.

Expect aggressive representation and compassionate support when you work with our team. 

Contact us for a free consultation.

You can also use the chatbot on this page to find out if you qualify for a fatal car accident lawsuit instantly.

Frequently Asked Questions

  • What qualifications should I look for in a Chicago Fatal Car Accident Lawyer?

    When searching for a Chicago fatal car accident lawyer, look for someone with extensive experience in car accident cases, specifically those involving wrongful death claims.

    An experienced car accident attorney should have a strong track record of securing fair compensation for families who have suffered losses due to fatal accidents.

    Ensure the lawyer is licensed in Illinois and familiar with Cook County’s legal system and procedures.

  • How can a Chicago Fatal Car Accident Lawyer help with a wrongful death claim?

    A Chicago fatal car accident lawyer can help navigate the complex legal process of filing a wrongful death claim by gathering necessary evidence, such as accident reports, medical records, and witness statements.

    They will work to establish the negligence of the at-fault party and negotiate with insurance companies to ensure that the family receives maximum compensation for medical expenses, lost wages, and non-economic damages like pain and suffering.

  • What types of damages are recoverable in a fatal car accident lawsuit in Chicago?

    In a fatal car accident lawsuit in Chicago, the family of the deceased can recover damages for medical bills incurred prior to death, funeral and burial expenses, lost future income, loss of companionship, and pain and suffering.

    Punitive damages may also be pursued if the negligent driver’s actions were particularly reckless, such as in cases of drunk driving.

  • What is the statute of limitations for filing a wrongful death claim in Chicago?

    In Chicago, the statute of limitations for filing a wrongful death claim is typically two years from the date of the deceased person’s death.

    It’s crucial to consult with a Chicago car accident lawyer promptly to ensure that all legal actions are taken within the required timeframe to preserve the right to compensation.

  • How does a Chicago Fatal Car Accident Lawyer determine the value of a wrongful death claim?

    A Chicago fatal car accident lawyer determines the value of a wrongful death claim by considering several factors, including the deceased’s age, earning capacity, health at the time of the accident, and the circumstances of the accident.

    They also factor in the financial and emotional impact on the surviving family members, including medical costs incurred, loss of income, and non-economic damages such as loss of companionship and emotional distress.

Written By:
Tor Hoerman

Tor Hoerman

Owner & Attorney - TorHoerman Law

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