Losing someone in a fatal car accident is one of the most devastating experiences a family can undergo. If you lost a loved one in a preventable crash, an Aurora car accident lawyer can help you seek justice.
The unexpected loss of a family member often leads to financial strain. A fatal car accident lawyer in Aurora from Charlie Therman Injury & Accident Lawyers, P.C., can help you take legal action and obtain compensation.
The Role of an Aurora Fatal Car Accident Lawyer
An Aurora fatal car accident lawyer helps surviving family members manage the legal and financial aftermath of a deadly crash by:
- Investigating the crash: We can gather police reports, review scene evidence, analyze medical records, and consult with accident reconstruction specialists to determine who is at fault.
- Handling insurance companies: We can communicate with insurers on your behalf to ensure you are not pressured into accepting a low settlement.
- Representing your family in court: If the case proceeds to trial, we can present evidence, argue motions, and fight for justice for your family in court.
Types of Compensation Available to Families
Families pursuing a wrongful death claim after a fatal car accident in Aurora may be able to recover several types of damages, including:
- Funeral and burial expenses: You can recover the costs associated with laying your loved one to rest, including funeral and burial fees.
- Medical expenses: You can be compensated for bills related to emergency treatment or hospitalization provided before the death occurred.
- Lost financial support: You can claim the income and benefits your loved one would have provided to your family over time.
- Loss of companionship: You can seek damages for the emotional impact of losing a loved one, including the loss of love, guidance, and support.
- Loss of services: You can recover the value of household contributions your loved one provided, such as childcare, home maintenance, and caregiving.
An Aurora personal injury lawyer can help identify the damages you qualify for.
Who Can File a Wrongful Death Claim in Illinois?
Under Illinois law, a wrongful death claim must be filed by the personal representative of the deceased person’s estate. This individual acts on behalf of surviving family members, including spouses, children, and sometimes parents.
If a personal representative has not yet been officially appointed, the court will do so as part of the probate process. The compensation recovered through a wrongful death claim is meant to benefit surviving family members, not the estate itself.
Courts consider the level of financial dependence and the nature of the relationship when determining how damages are distributed. This process helps ensure that those most affected by the loss receive appropriate support.
Proving Liability After a Fatal Crash
Establishing liability in a fatal car accident case requires strong evidence. This often includes crash scene photographs, surveillance or traffic camera footage, witness statements, and expert analysis. Police reports are a critical foundation, but they are not always the final word on fault.
In some cases, multiple parties may share responsibility. For example, a driver may be partially at fault while a vehicle manufacturer or government entity bears additional liability due to defective parts or dangerous road design. A fatal car accident attorney in Aurora can gather evidence to determine who is responsible for your loss.
How Long Do You Have to File a Wrongful Death Claim in Aurora?
Illinois law places a strict deadline on wrongful death lawsuits. In most cases, the statute of limitations is two years from the date of death. If a claim is not filed before this deadline, the court will usually refuse to hear the case, regardless of its merits. There are limited exceptions, but they are rare and fact-specific, which is why acting within the allowed time frame is critical.
Common Causes of Fatal Car Accidents in Aurora
Fatal car accidents in Aurora, Illinois, often result from a combination of driver behavior, road conditions, and environmental factors. Some of the leading factors include:
- Distracted driving: Use of phones, navigation systems, or other devices that take attention away from the road is a major contributor to deadly crashes.
- Speeding: Driving above the posted limit or too fast for traffic and weather conditions increases the risk of high-impact collisions.
- Impaired driving: Operating a vehicle under the influence of alcohol, illegal drugs, or certain prescription medications significantly raises the likelihood of a fatal accident.
- Reckless driving: Aggressive behavior such as tailgating, unsafe lane changes, and road rage can lead to severe or fatal collisions.
- Fatigue: Driving while excessively tired can impair judgment and reaction time, making accidents more likely.
- Weather conditions: Ice, snow, heavy rain, and fog in Aurora can create dangerous driving conditions when drivers fail to adjust speed or distance.
- Road hazards and construction zones: Poorly marked lanes, debris, and unexpected construction can contribute to deadly crashes when drivers are not cautious.
- Vehicle defects: Mechanical failures or defective parts can play a role in fatal accidents, though negligent driving remains the leading cause in most cases.
Speak to a Fatal Car Accident Attorney in Aurora
While no amount of money can replace a loved one, holding the at-fault party accountable can bring a sense of closure, as well as financial stability. A compassionate Aurora fatal car accident attorney from Charlie Therman Injury & Accident Lawyers, P.C., can help you put together a claim and recover compensation for the loss of your loved one.
Schedule a free consultation to get legal help today.
