Many people know that after a car accident, it is possible to file a personal injury or wrongful death lawsuit against a driver who was negligent and caused the accident. This is typically done in order for the victims to either recover compensation for their related medical expenses and time spent away from work, or to pay for funeral expenses and pain and suffering caused by a fatal car accident.
However, in some cases the driver who caused the car accident does not survive the collision him- or herself. In cases where the negligent party is deceased, it is still often possible to pursue a personal injury or a wrongful death action. A case that was recently filed in St. Clair County Circuit Court illustrates this.
This case stems from a fatal head-on collision that occurred in November of 2010.
A couple was driving east on Interstate 64 in German Township, Illinois, when a car crossed the median and crashed into their vehicle. The wife in the eastbound car was killed in the accident.
Her husband has now sued the estate of the other driver, who is deceased.
The lawsuit accuses that driver of failing to keep his vehicle in the correct lane, crossing the median of a highway and driving in the wrong direction.
The surviving husband is seeking more than $150,000 in damages in addition to fees.
Losing a loved one in a car accident is, of course, an experience for which there is no appropriate amount of compensation. While financial awards for pain and suffering are sometimes ordered in wrongful death cases, these lawsuits are possible so that surviving loved ones do not have to be unfairly burdened with final expenses and the other tangible effects of the loss.
Source: The Madison-St. Clair Record, "Man sues over fatal I-64 accident that claimed wife," Kelly Holleran, Dec. 11, 2012
- More information about this area of law is available on our Illinois law firm's Wrongful Death page.