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Filing a Lawsuit for a Loved One in a Fatal Auto Accident

Losing a family member is always difficult. When a death occurs suddenly and unexpectedly, such as as during a car accident, it may seem impossible to move on. During this difficult time, surviving family members are not only dealing with shock and grief, but they also face high medical bills their loved one incurred, funeral and burial expenses, and more.

If you have lost someone in an auto accident that was caused by someone else’s negligence, you can file a personal injury claim to recover your losses. Wrongful death claims are particularly complex, though. It is important to speak to a McHenry County wrongful death lawyer who can help you navigate the process.

Who Can File a Wrongful Death Claim in Illinois?

Too many people do not file a wrongful death claim after losing a loved one in a fatal car accident. After all, they know that no amount of money can bring their family member back. Surviving loved ones also want to move on with their lives, and think filing a claim will only cause them to relive that painful time.

It is important to realize the financial impact a sudden loss will have on your family. You will be responsible for paying any medical bills your loved one incurred prior to their death, and you may have relied on your loved one’s earnings to survive. If you work with a wrongful death lawyer, they will take care of all aspects of your claim and you will likely not have to go to court.

If you are the spouse, child, or parent of the accident victim, you are eligible to file a wrongful death claim. In the event that none of those family members survived, siblings are sometimes able to file a claim.

Time Limit on Wrongful Death Claims

If you are an eligible family member who can file a claim, you only have a limited amount of time to do so. Like all personal injury claims in Illinois, wrongful death cases are governed by a statute of limitations, or a time limit. If you have lost a loved one in a fatal auto accident, you have three years from the date of the death to file a claim. It is important to note that the clock on the statute of limitations starts running on the day of the death, not the day of the accident. If you do not file your claim within this time, you will forfeit your right to recover damages.

Our Wrongful Death Lawyers in McHenry County Can Help with Your Claim

Losing a loved one is never easy, and filing a wrongful death claim always has the potential to become complex, as well. At Brassfield & Krueger, Ltd., our McHenry County wrongful death lawyers can advise on the laws of the state and help your family recover the maximum damages you deserve. Call us today or fill out our online form to schedule a free case review and to learn more about how we can help.

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