Illinois has the 5th highest rate of bicycle accidents. From 2010 to 2012, the number of people who died from a bicycle accident increased by over 16 percent. While the numbers themselves are horrible, it is even worse when it hits home.
The trauma can seem unbearable sometimes when someone you love has died because of a bicycle accident. This is especially true because most bicycle accidents can be prevented.
Inattentive drivers are the root cause of most bicycle accidents.
For example, Rosenfeld Injury Lawyers once helped a local Aurora family when their daughter was hit by a passing car. The child was riding her bike in a neighborhood. It was a low traffic street.
A neighbor was on her phone on the way to work and didn’t see the child before she hit her. The child died several days later.
In another case, a car rear-ended a woman on her bike at a stop sign. She fell, hit her head (no helmet), and died a week later.
These accidents never should have happened, but they did, and it’s up to you and us to seek justice.
Understanding a Wrongful Death Claim
Family members often turn to us in desperation asking, “Why?”
The emotions that comes into play after a motorist has hit a bicyclist are difficult, and many people turn to a therapist to help them understand the situation. From a legal aspect, the why lies in knowing whether the motorist was neglectful.
Negligence that causes a fatal car crash can be grounds for a wrongful death claim. A family member can make this claim towards the motorist who caused the person’s death.
Under Illinois law, certain family members can recover “pecuniary damages.”
The law states, “those blood relatives of decedent in existence at decedent’s death who would take decedent’s property if decedent had died interstate.” Since many family members can fall into this, it’s the representative of the estate that ends up handling the claim.
To establish a claim according to the wrongful death act, the plaintiff has to prove the defendant owed a legal duty to the victim, the defendant breached that legal duty, and the plaintiff suffered pecuniary damages.
About Pecuniary Damages
If a plaintiff provides the above elements of a wrongful death claim, he or she may be able to receive pecuniary damages (money). The monetary damages are calculated based on the money, benefits, good, and services the deceased victim would have likely contributed to the future.
For example, if someone loses a spouse, he or she may be able to receive the money the spouse would have earned throughout his or her lifetime from their current employer.
The plaintiff only has to show the court he or she has sustained losses from the death of the victim, unless the defendant can prove otherwise.
Take this example. If the defendant presents information concerning the monetary value of the childcare services a plaintiff is attempting to receive even though the child and deceased victim were estranged.
Why You Need Us
Don’t try to do this on your own. The motorist who hit your loved one may try to refute fault, and along with his or her lawyer and insurance company, you may miss your chances for pecuniary damages.
You must prove what occurred justifies a wrongful death claim under Illinois law. This can sometimes be difficult depending on the circumstances. After that, you will need to move quickly to seek pecuniary damages.
Calling Rosenfeld Injury Lawyers to handle your case will help you get what you deserve from the defendant. You have a lost a special person in your life, and now, you’ll need help living life without that person.
Allow us to take care of the legalities of this horrible situation, so you can take care of yourself while you mourn.
Call Rosenfeld Injury Lawyers today at 888-424-5757 for a free consultation.
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