Can You Sue Someone for Killing a Family Member in a Car Accident?

In many cases, you can sue someone for killing a family member in a car accident. When a person dies due to another driver’s negligence or reckless actions, the surviving family members may have the legal right to pursue a wrongful death claim.

These claims arise from the devastating impact of a fatal accident, emotionally and financially, on a victim’s loved ones. In Illinois, the Wrongful Death Act (740 ILCS 180/) allows certain individuals to sue for wrongful death and recover compensation for their loss.

Understanding Wrongful Death Claims After a Fatal Car Accident

In the context of a car accident, wrongful death refers to a death caused by another driver’s careless, reckless, or intentional behavior. A wrongful death claim is a legal action brought on behalf of the deceased when the death would not have occurred but for the at-fault driver’s negligence.

Whether it’s a drunk driver, someone who ran a red light, or someone who was texting while driving, if their conduct directly led to a fatal car accident, they may be held liable. This legal action is intended to both hold the responsible party accountable and provide financial compensation to the surviving family members.

Who Can File a Wrongful Death Lawsuit in Illinois?

State law provides specific guidelines regarding who can file a wrongful death claim. Only certain eligible family members or representatives of the deceased are allowed to sue for wrongful death. Here’s the hierarchy:

• The spouse of the deceased has the first right to file.
• Children of the deceased – if no surviving spouse, the children may file.
• Parents of the deceased – if there is no spouse or children, the parents may bring the suit.
• Next of kin – if no immediate family, more distant relatives may be eligible.
• Personal Representative of the Estate – Regardless of who files the claim, the lawsuit must be officially filed by the personal representative, either appointed in the deceased’s will or by the court. This individual acts on behalf of the deceased’s estate and surviving relatives.

How Are Financial Awards Distributed in Illinois Wrongful Death Cases?

When a family member sues for wrongful death, resulting in a financial award, the court determines how the compensation is divided. In Illinois, these financial awards are distributed among the deceased’s next of kin based on their level of dependency and relationship to the deceased. The court considers both emotional and economic losses.

The money from a wrongful death settlement or court verdict doesn’t necessarily go directly to the person who filed the lawsuit, but is shared with all eligible family members as determined by the court.

What Must Be Proven in a Death After a Car Accident?

To win a wrongful death suit in Illinois after a fatal car crash, the following elements must be established:

• Duty of Care – The at-fault driver had a legal obligation to operate their vehicle safely.
• Breach of Duty – That duty was violated (e.g., speeding, distracted driving, running a red light).
• Causation – The breach directly caused the decedent’s death.
• Damages – The death led to economic and non-economic damages for the surviving family members, including loss of financial support, medical expenses, and emotional distress.

Damages Awarded to Family Members Suing for Wrongful Death

There are several types of damages recoverable in wrongful death cases in Illinois, divided into three main categories.

Compensatory Damages

Economic Damages

These cover economic losses such as:

• Medical expenses incurred before the deceased passed away.
• Funeral and burial costs.
• Lost income and benefits that the deceased would have provided to their family.
• Loss of financial support to dependents.

Non-Economic Damages

These cover intangible losses such as:

• Loss of companionship and love (loss of consortium).
• Grief, sorrow, and emotional pain suffered by surviving relatives.
• The mental anguish and trauma caused by a loved one’s sudden passing.

Punitive or Exemplary Damages

Also called exemplary damages, punitive damages are only available in cases involving extreme negligence or intentional misconduct, such as drunk driving or street racing. In Illinois, punitive damages are not typically available in standard wrongful death claims. Still, they may be awarded in limited situations to punish the liable driver and deter others from similar actions.

What Is a Survival Action, and Can it Be Included?

A survival action is different from a wrongful death claim. The Illinois Survival Act (755 ILCS 5/27-6) allows the deceased’s estate to recover damages the person would have been entitled to if they had survived the accident, such as pain and suffering, medical bills, and lost wages during the period between the accident and their death.

In many cases, family members can sue for wrongful death and file survival claims at the same time. The compensation from the survival action goes to the deceased’s estate and is later distributed according to the will or state inheritance laws.

The Statute of Limitations for Wrongful Death Lawsuits in Illinois

In Illinois, the statute of limitations for filing a wrongful death claim is two years from the date of the person’s death (740 ILCS 180/2(d). There are exceptions, such as if the death involved criminal behavior or if the deceased was a minor, but in general, failing to file within this time frame may result in losing your legal right to pursue compensation.

Time is crucial. Gathering witness statements, accident reports, and other key evidence can become harder as time passes.

Common Causes of Fatal Car Accidents in Chicago

Fatal car accidents in Chicago happen for many reasons, including:

• Speeding or reckless driving
• Driving under the influence of alcohol or drugs
• Distracted driving (e.g., texting)
• Running red lights or stop signs
• Failing to yield
• Weather-related road conditions
• Defective car parts or vehicle malfunctions

Each of these factors can contribute to a fatal accident, and identifying the other driver’s actions is key to building a strong case.

Why You Need a Chicago Wrongful Death Attorney

Handling a wrongful death case is complex, emotional, and time-sensitive. Hiring a Chicago wrongful death attorney can make a meaningful difference.

A skilled wrongful death lawyer can investigate the circumstances of the accident thoroughly and collect critical evidence and witness statements. We will communicate with the insurance company and navigate complicated legal rules and court deadlines.

We will file the wrongful death lawsuit on time and negotiate to ensure a maximum compensation settlement. If that fails, we will represent you at trial and provide compassionate support through a painful time.

We will tirelessly fight for fair compensation so your family can focus on healing.

What Happens if The Deceased Was Partially at Fault?

Under 735 ILCS 5/2-1116, Illinois follows a modified comparative negligence rule. This means a family member can sue even if the deceased was partially responsible for the accident, as long as their fault does not exceed 50%. If the decedent is found 25% at fault, for example, any awarded damages will be reduced by that percentage.

This applies to both wrongful death actions and survival actions. Courts carefully assess the liability of at-fault parties to determine the final amount of compensation.

Seek Justice and Compensation for Your Loved One’s Death!

If you’ve lost a family member in a fatal car crash, our experienced legal team is here to help you seek justice. We offer a free consultation with no obligation, and we work on a contingency fee basis, meaning you pay nothing unless we win your case.

With deep knowledge of Illinois wrongful death laws and a compassionate approach, we are committed to helping families navigate this devastating loss. Let us help you pursue legal action and fight for the compensation your loved one deserves during these incredibly difficult times.

Call (888) 424-5757 or fill out our online form to book a free case evaluation with a car accident lawyer in Chicago.

All content undergoes thorough legal review by experienced attorneys, including Jonathan Rosenfeld. With 25 years of experience in personal injury law and over 100 years of combined legal expertise within our team, we ensure that every article is legally accurate, compliant, and reflects current legal standards.