Accidents are complicated and often have more than one cause. Your loved one may have contributed to the accident that caused their death. Yet, the other party to the accident was also negligent and your loved one would have survived the accident if not for the other party’s negligence.
Illinois law allows you to recover damages in a wrongful death lawsuit as long as your loved one was not primarily responsible for the fatal accident. If an insurance company, judge, or jury finds that your loved one was more than 50% responsible for their own fatal injuries, then you won’t recover damages.
However, if your loved one had some responsibility for the accident, but was less than 50% responsible for the accident, then you may recover damages in a wrongful death action. Damages will be reduced by the percentage of fault attributed to your loved one and may include compensation for medical costs incurred because of the accident, funeral and burial costs, lost income, pain, suffering, and other losses.
Even after your tragic loss, the insurance company wants to settle your case for as little as possible. One way for the insurer to accomplish its goal is to argue that your loved one caused the accident.
Our experienced Illinois wrongful death attorneys expect this argument and can present evidence in a clear and convincing way to encourage the insurer to settle your wrongful death claim fairly. If the insurer refuses to settle your claim fairly, then we won’t hesitate to go to court to protect your family’s rights.
Over the past half-century, we’ve helped more than 70,000 clients recover more than $1 billion. Today, we are here to help your family. Please contact us today to talk about your rights and our Win, or It’s Free Guarantee. We would be happy to meet with you by phone or videoconference or in-person at your home or our Bloomington, Gurnee, or Rockford office.