Did You Lose a Loved One in a Drunk Driving Crash?

Monday, January 18, 2021

Did You Lose a Loved One in a Drunk Driving Crash?

Written by Malman Law, reviewed by Steve J. Malman.

Losing a loved one is always devastating, but it’s even more tragic if a drunk driver causes it. In this situation, you have the right to file a civil claim for compensation. Contact a skilled attorney to learn more.

As published by the Illinois Secretary of State’s Illinois DUI Fact Book, 330 people died in alcohol-related crashes in 2017 alone. This means drunk driving accounted for about 30% of all traffic fatalities in the state. These drunk driving deaths also impact many more family members and friends. If you lost someone you love to a drunk driving crash, the Chicago wrongful death lawyers at Malman Law are here for you. We can explain your legal rights and help you find justice for your loved one.

Do You Have a Wrongful Death Claim?

Generally, if the decedent could have filed a personal injury claim had they lived, someone can file a wrongful death claim on their behalf upon their death. The basis of a wrongful death claim is nearly identical to a personal injury claim. In this type of claim, you must prove:

  • The person had a duty to exercise reasonable caution, such as by driving only when sober
  • That person breached this legal duty by drinking and driving
  • The breach of duty caused the accident in which your loved one was killed
  • You suffered losses as a result of their death

In a wrongful death claim, showing how you are affected by your loved one’s loss is especially crucial.

Who Can File a Wrongful Death Claim?

Under the Illinois Wrongful Death Act, specific parties have a legal right to seek compensation after another person’s death. A deceased person’s next of kin can bring a wrongful death claim. The next of kin is typically a surviving spouse or children. If there are no surviving spouses or children, then further distant relatives may have rights to a wrongful death claim. For example, parents and siblings might be able to file a claim. Your relationship with the deceased person will determine if and how much compensation you can recover in Illinois.  The best way to determine your legal rights and your next steps is to consult with knowledgeable Chicago wrongful death attorneys.

Contact Compassionate Chicago Wrongful Death Lawyers Today

Feeling overwhelmed by grief and worry is normal after your loved one’s untimely death. It’s often difficult to make some of the decisions regarding your legal options on your own. Allow our compassionate and seasoned Chicago wrongful death lawyers at Malman Law to help you throughout this challenging legal process. We could file a claim on your behalf, investigate your loved one’s death, and prove negligence to help your family recover compensation.

There’s no need to worry about any upfront legal fees. We only receive compensation when we recover compensation for you from the negligent party. Receive your free no-obligation consultation with our skilled wrongful death attorneys. Call us today at (312) 629-0099 or use our easy online contact form.

Steve Malman

Malman Law’s founder Attorney Steven Malman has over 30 years of experience handling personal injury, nursing home, medical malpractice, truck accidents, car accidents, premises liability, construction, and workers’ compensation cases in Chicago, IL.

Years of experience: +30 years
Justia Profile: Steve Malman
Illinois Registration Status: Active and authorized to practice law—Last Registered Year: 2024

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