Malman Law
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Friday, March 16, 2012

Illinois Car Accident Claim

Illinois Car Accident Claim: Highlighting Wrongful Death Accident Variety

According to a recent NBC News Chicago article, a wrongful death accident claim has been filed in response to the death of an intoxicated woman who was killed while walking on Interstate 290 last fall. Diana Paz was killed on September 2, 2011 after being struck by a truck on the interstate. She had been arrested hours earlier for driving the wrong way in traffic, but was later released and dropped off at a nearby BP Amoco station. As a result, Paz’s family is filing an Illinois wrongful death lawsuit and wants state police procedure changed. Their suit seeks upwards of $50,000 but the family said they will let a jury decide what value Paz’s life had to her orphaned son.

This tragic but rather unorthodox case exhibits the range of Illinois wrongful death accidents that can occur. Wrongful deaths are terrible tragedies that can adversely affect any family. However, it is important to understand that they are actually common occurrences which are the result of negligence. They can take place in many settings; in workplaces, on construction sites, in factories, in schools, on streets and highways. They can also be the result of medical malpractice which happens in hospitals, emergency rooms and medical clinics. Very common are car accident, construction accidents, and nursing home neglect and abuse. In other words, wrongful deaths can occur anywhere and encompass a multitude of situations.

In order to file a wrongful death claim in Illinois, family members must prove that:

1. The liable party did in fact cause the death.
2. Had the victim survived, they would have been able to file a personal injury claim for the injuries sustained from the accident.

Only the surviving spouse or next of kin can file a wrongful death claim in Illinois.

The damages from a wrongful death claim or lawsuit can also include expenses related to the death, loss of benefits and future income, loss of companionship, and, potentially punitive damages. This complicated legal procedure is performed during an extremely harrowing time. For this reason it is so important that you hire a personal injury law firm which is skilled in obtaining the maximum recovery amount possible for your case.

If you decide to retain Malman Law as your personal wrongful death accident law firm, you will not be required to pay for services unless we obtain your financial recovery.