Fatal Pedestrian Accidents

Wrongful Death Attorneys Representing Families in Schaumburg and Wheaton

Distracted drivers, unsafe crosswalks, and other factors are often causes of pedestrian accidents in Illinois and throughout the U.S. When the driver of a motor vehicle collides with a pedestrian, the accident can result in the pedestrian’s death. If you have lost a loved one in a deadly pedestrian accident, we can help. At Therman Law Offices, our Wheaton and Schaumburg fatal pedestrian accident lawyers can zealously advocate for your rights and help you pursue the compensation that you deserve. We have extensive experience in this area of the law, and you can rest assured that we will do everything in our power to help you resolve your case favorably.

The Illinois Department of Transportation (IDOT) defines a pedestrian as any person who is not in or on a vehicle. According to the National Highway Traffic Safety Administration, there were 5,376 pedestrian deaths across the United States in 2015. This averages to one crash-related pedestrian death every 1.6 hours. The unfortunate reality is that pedestrians are 1.5 times more likely than passenger vehicle occupants to be killed in a car crash on each trip. IDOT reports that there were 138 pedestrian fatalities and 4,536 injuries in Illinois in 2015.

It can be difficult to know what to do after losing a loved one in a pedestrian accident. Whether your loved one died suddenly or some time after a pedestrian accident, you may be able to recover compensation through a wrongful death claim. Our fatal pedestrian accident attorneys can guide Schaumburg and Wheaton families through this process. In Illinois, a wrongful death occurs when a person dies due to the wrongful act or neglect of another person. The right to file a wrongful death lawsuit is outlined in the Illinois Wrongful Death Act. Under this law, children and a surviving spouse are eligible to pursue such a claim for damages. In the absence of a spouse or children, other relatives like parents or siblings of the victim can pursue the lawsuit. The lawsuit itself, however, must be filed by the personal representative of the estate rather than the family members themselves. If the deceased individual died without appointing a personal representative, the court will appoint one for them.

Wrongful death claims, just like other types of claims, must be filed within a certain time frame, known as the statute of limitations. Under Illinois law, wrongful death claims must be filed within two years of the decedent’s death. Failing to file within this time frame could mean being permanently barred from recovering any damages at all.

When a loved one unexpectedly dies in a pedestrian accident, family members are often left to pick up the emotional and financial pieces. This is why Illinois law allows relatives to seek a variety of damages through a wrongful death claim, including funeral and burial costs, loss of financial support, pain and suffering, loss of inheritance, loss of companionship, medical expenses prior to the death, and any other losses tied to the accident. Of course, the exact amount of compensation awarded in a given case will depend on the specific facts of that case. Any damages that are recovered are then distributed to the eligible parties by the court in proportion to their dependence on the decedent’s support. Since there is no formula for this calculation, the determination is largely left to the court’s discretion.

Discuss Your Case with a Fatal Pedestrian Accident Lawyer in Schaumburg or Wheaton