Just after midnight on March 22nd, 2017, a very serious accident in Boone County took the life of a Rockford man. According to reporting from MyStateLine.com, David D’Alessandro, 41, was identified by local police as the victim of the tragic accident. The crash happened on Newburg Road, near where the street intersects with Irene Road. As of now, the accident is still under investigation by Boone County authorities.
Understanding Illinois Wrongful Death Claims
Wrongful Death Lawsuit Eligibility
Under the Illinois Wrongful Death Act, only certain parties are legally eligible to bring a claim on behalf of the deceased victim. In most cases, the victim’s spouse or children should file the claim. Though, if the victim does not have a spouse or any children, or for whatever reason those parties decline to file, then the victim’s parents may take action. Regardless, all Illinois wrongful death lawsuits are brought in the name of the victim.
The Statute of Limitations
Under Illinois law, the statute of limitations in a wrongful death case is controlled by the statute of limitations for the underlying cause of action. Typically, that means that the victim’s family or representatives will have two years to bring a legal claim, as that is the statute of limitations for most personal injury claims. Though, in limited cases, such as certain complex medical malpractice cases, that deadline may be extended.
Damages Available to the Victim’s Family
Once liability has been established, a wrongful death lawsuit comes down to the issue of damages. In order to actually recover compensation, all damages must be ‘proven’. In some legal cases, especially wrongful cases, proving damages becomes extraordinarily challenging. The main reason for this is that most wrongful death damages are noneconomic. While it is relatively easy to put a monetary value on a hospital bill, it is much more difficult to put a precise dollar figure on an intangible loss such as the loss of companionship. This is why it is critically important that family members of the departed work with an experienced wrongful death attorney who not only understands how to prove liability, but who also knows how to properly establish damages. At Brassfield, Krueger & Ramlow, Ltd., we can help you and your family maximize your recovery. Our firm may be able to help you seek compensation for:
- Any financial losses associated with the death, including as medical bills and funeral costs;
- Loss of future earnings of the deceased;
- Loss of companionship;
- Pain and suffering; and
- Punitive damages, meant to punish the grossly negligent actions of the defendant.
Get Legal Help Now
At Brassfield, Krueger & Ramlow, Ltd., our car accident attorneys have experience handling a wide variety of different cases, including wrongful death claims. In the tragic event that your loved one was involved in a deadly crash, please call our Rockford office today at 815 398-9700 or our Streator office at 815-672-8878. We will review your claim free of charge, with no further obligation to you.