This form is a sample complaint for use in a personal injury case involving a train-automobile collision resulting in the death of the driver of the automobile.
Illinois Complaint for Personal Injury and Wrongful Death Due to Train or Automobile Accident
State:
Multi-State
Control #:
US-PI-0276
Format:
Word;
Rich Text
Instant download
Description
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How to fill out Complaint For Personal Injury And Wrongful Death Due To Train Or Automobile Accident?
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FAQ
Wrongful death. n. the death of a human being as the result of a wrongful act of another person. Such wrongful acts include: negligence (like careless driving), an inten- tional attack such as assault and/or battery, a death in the course of another crime, vehicular manslaughter, manslaughter or murder.
Some common types of damages awarded in Illinois include money for: loss of financial support the deceased would have provided, including lost wages and benefits. loss of consortium (meaning the loss of society, companionship, and the sexual relationship the deceased would have had with his or her spouse)
In Illinois, however, a wrongful death claim must be filed by the personal representative (sometimes called the "executor") of the deceased person's estate. If the deceased person died without appointing a personal representative in his or her estate plan, the court may appoint a personal representative.
What are the elements of a wrongful death claim in Illinois? That the defendant owed a duty of care to the decedent (person who died) That the defendant failed this duty of care. That the defendant's failure proximately caused the death, and. That there are damages (compensable losses) that resulted from it.
The Illinois wrongful death statute of limitations is two years from the date of death.
You do not have to prove wrongful death beyond a reasonable doubt. Instead, you must prove it is at least 51 percent likely the death was wrongful; this burden of proof is called the ?preponderance of the evidence.?
If a car accident results in a fatality, the settlement amount can be significantly higher. In Illinois, wrongful death settlements for fatal car accidents can range from $100,000 to $2 million or more. These settlements typically cover medical and funeral expenses, lost future income, and other damages.