An elderly woman in Illinois was crossing the intersection in front of Jewel Food store with her 23-year-old grandson when she was hit by a car. A witness states that her body went up, her head hit the windshield and the car threw her. The witness also stated that the driver of the car stopped and seemed to be in shock from the incident. The woman died later in the hospital.
There is no stop light at the intersection where the incident occurred. However, many people are now advocating for officials to put one there to help prevent another pedestrian accident from occurring. As a result of the woman’s death, the driver of the car could face criminal charges, and he could also face civil lawsuits from the family of the victim as well.
When a person’s family member dies as the result of a motor vehicle accident, the surviving family members may choose to sue the driver involved in the accident for the wrongful death of their loved one. Wrongful death lawsuits claim that the victim’s death might not have occurred had it not been for the negligent actions of the other party involved. While monetary compensation does not make up for the death of their loved one, it can help the surviving family members pay for funeral costs and medical expenses, as well as help them deal with the financial strain that their loved one’s death left on their family.
People considering filing wrongful death lawsuits might benefit from the assistance of an attorney who may help them prepare the motions to file their claims. An attorney may also help them gather and report the evidence needed to prove their case to a judge. Even if a judge does not decree that the defendant is fully at fault for the person’s death, he or she might award compensation to the family based upon the percentage that the person is deemed at fault.
Source: CBS Chicago, “Elmhurst Crash Kills Elderly Woman, Injures Man,” Michele Fiore, May 12th, 2013