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My spouse recently died from Rockford car accident injuries she sustained a few weeks ago. Can I file a wrongful death claim in Illinois even though she didn’t die at the accident scene?

We are so sorry to hear about the loss of your spouse. Generally, you can file an Illinois wrongful death claim and recover damages if you can prove the elements of a wrongful death case.

There is no requirement that your spouse’s death occur at the scene of the accident. Instead, the law just requires that the accident was the cause of your wife’s death. In other words, her death even a few weeks after the accident must have been because of the injuries she sustained in the accident and not because of other causes, such as an illness or medical malpractice.

In order to recover damages for an Illinois wrongful death case you will need to prove that:

  • The person against whom you are bringing the claim (the defendant) owed your spouse a duty of care.
  • The defendant breached his duty of care by failing to act like a reasonable person would act in a similar situation.
  • The breach of the duty of care was the cause of your spouse’s death. In other words, your spouse would not have died but for the defendant’s negligent actions or inactions.
  • You are legally entitled to receive damages for the loss of your spouse.

It can be intimidating to try to understand this standard on your own. Our experienced Illinois wrongful death lawyers would be pleased to provide you with a free consultation and more information about your rights. Please contact us today via this website or by calling 815-877-3900 or 1-800-390-6350 toll-free for more information.

Jason F. Abraham
Managing Partner, Hupy and Abraham