Losing someone too soon to another person’s actions is already devastating, but it is made all the worse when the loss is from vehicular homicide. If someone recklessly causes the death of a loved one, they will likely be charged with a crime, but our attorneys can help you get justice by filing a wrongful death lawsuit for civil damages.
Vehicular homicide is considered “reckless homicide” in Illinois. A driver commits reckless homicide when they unintentionally murder another person with the vehicle. For instance, those arrested for driving under the influence of alcohol or street racing can be charged with reckless homicide if they cause the death of another. Our team is ready to take your case in front of a jury so that you can recover some measure of compensation for your family’s incredible loss.
For a free, private case review, call (312) 578-8502 and speak to our Chicago wrongful death attorneys with the Rhatigan Law Offices.
Understanding Illinois’ Vehicular Homicide Laws
Many states use the term “vehicular homicide” to refer to incidents where someone unintentionally causes the death of another person from some form of reckless driving. The other driver did not intend to kill a person with their vehicle, but they did intend the reckless conduct that caused the accident, such as drunk driving. Instead of vehicular homicide, Illinois law uses the term “reckless homicide” to describe motor vehicle deaths of this nature.
According to 720 I.L.C.S. § 5/9-3(a), a driver commits reckless homicide when they unintentionally kill another person while driving a vehicle. Reckless homicide is a Class 3 felony but can be upgraded to a Class 2 felony if aggravating factors exist, such as the death occurring in a school zone or causing the death of two or more victims. Drivers convicted of reckless homicide can be imprisoned anywhere from three to 28 years, depending on the circumstances of the case.
The problem for family members of a loved one taken by reckless homicide is that a criminal prosecution will likely not give them the personal justice they seek. In a prosecution, the state attempts to punish the defendant for breaking the state’s laws. It is not designed to provide compensation for the damages stemming from an act of reckless homicide. To get justice in the form of financial compensation, our Illinois wrongful death lawyers can help you file a lawsuit in civil court. Wrongful death claims are notoriously complex and can strain family members already reeling from the sudden loss. We can explain every detail of how your claim will likely unfold and what damages might be covered.
Can I File a Lawsuit Against Someone for Vehicular Homicide to Recover Damages in Illinois?
Certain family members are entitled to recover compensation when another person causes the wrongful death of a loved one. Under 740 I.L.C.S. § 180/1, a death is “wrongful” if it is caused by a wrongful act, neglect, or default, and the deceased would have had the right to file a personal injury lawsuit if they had survived. That right to recover compensation essentially survives the deceased and transfers to close family. An act constituting reckless homicide would certainly meet this definition for civil claims. However, these cases do not work like typical personal injury lawsuits, which is why you should contact our team immediately after the death of a loved one.
Wrongful Death Claims
One of the most surprising issues surviving family members learn when starting a claim is that they are actually not the ones legally empowered to bring a wrongful death lawsuit. According to § 180/2(a), only the personal representative of the deceased is permitted to file a wrongful death claim on behalf of the estate and surviving next of kin.
Wrongful death lawsuits are composed of “wrongful death” and “survival” claims. Each type of claim is designed to compensate for different damages but will be addressed in the same lawsuit. The wrongful death action is intended to compensate spouses and children for the loss of companionship, financial support, instruction, education, and emotional anguish. Survival actions, on the other hand, represent the claims deceased victims could have filed had they survived and for damages suffered before succumbing to their injuries. A victim’s family can recover damages for their medical bills, lost wages, property damage, pain and suffering, and any other damages they could have claimed in a personal injury claim.
When to File a Wrongful Death Claim
Generally, § 180/2(d) only provides two years after the death of an individual to file a wrongful death claim. However, a criminal prosecution for reckless homicide can easily take up much of this time.
Fortunately, the clock will not start running until the defendant’s criminal prosecution concludes, whatever the disposition. Once a reckless driver is convicted, accepts a plea deal, or the case is dismissed by the court or withdrawn by the prosecution, you will have one year from the date of the final disposition to file your claim in civil court, according to § 180/2(e)(5). Our team can review records from the criminal case to determine the exact date of the final disposition, which can be challenging to pin down accurately.
Who Damages Are Paid in a Wrongful Death Claim
The deceased’s personal representative files the claim to recover damages for the benefit of the surviving spouse and next of kin, which typically means the children. When awarding damages, the court may grant such compensation it deems fair and just, including damages for sorrow, grief, mental suffering, and punitive damages.
Considering that reckless homicide is a criminal act, punitive damages will most likely be awarded. Punitive damages are not compensatory but are instead meant to punish the defendant for their actions. They are also intended to be a lesson to others to refrain from such behavior. If awarded, punitive damages can greatly increase the value of your claim.
According to § 180/2(b), the compensation recovered in a lawsuit will be distributed to the surviving spouse and next of kin in proportion to the percentage of their dependence on the deceased.
Call Our Illinois Wrongful Death Attorneys Today for Help
For a free, confidential case evaluation, call our Auroa, IL wrongful death attorneys with the Rhatigan Law Offices at (312) 578-8502.
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