Illinois Car Accident Negligence Laws Explained
Key Takeaways Four elements. Duty, breach, proximate cause and damages. All four, or the claim fails. Illinois has no negligence per se for traffic violations. A violation is prima facie evidence of negligence, and it is rebuttable. Proximate cause is where cases are actually lost, not duty, which is rarely in dispute between two drivers. […]
Illinois 51% Fault Rule: How It Affects Your Claim
Key Takeaways The bar is more than 50%. At exactly 50% you still recover half your damages. One percentage point is the whole case. The step from 50% to 51% takes a recovery to nothing. Below the bar, fault is a discount, not a defense. 30% at fault means 70% of your damages. Nobody is […]
Does a Truck Citation Win Your Illinois Injury Case?
Key Takeaways A citation is evidence, not a verdict. Illinois treats a statutory violation as prima facie evidence of negligence, which can be rebutted. Enforcement punishes; it does not compensate. A fine goes to the state, not to you. You still have to prove causation. A violation that did not cause the crash proves nothing […]
Shared Fault in an Illinois Wrongful Death Case
Key Takeaways Shared fault does not end the claim. The family still recovers, reduced by the share assigned to the person who died. The bar falls above 50%. At exactly 50% the family still recovers half; only more than 50% ends it. It is the deceased’s conduct that is weighed, not the family’s. Fault is […]
What Damages Can a Wrongful Death Claim Recover?
Key Takeaways “Pecuniary injuries” is broader than money. The Act expressly includes grief, sorrow, and mental suffering, not just lost income. Two claims recover different things. The wrongful death claim is the family’s loss; the survival claim is what the person suffered before dying. Only the survival claim covers the deceased’s own pain and medical […]
How to File an Illinois Wrongful Death Claim
Key Takeaways Two years is the usual deadline, but it is not the only one. A public defendant cuts it to one year, and some violent crime cases extend it to five. Step one is appointment, not filing. Nobody can sue until a personal representative or special administrator exists. You do not need to finish […]
Can a Medical Error Be a Wrongful Death Claim?
Key Takeaways Yes. A death caused by negligent medical care is a wrongful death claim like any other, brought by the estate’s personal representative. A bad outcome is not malpractice. You have to prove the care fell below the accepted standard, and that the failure caused the death. You cannot file without a doctor’s report. […]
What a Wrongful Death Personal Representative Does
Key Takeaways Only the personal representative can bring the claim. The Wrongful Death Act requires the action to be brought in their name, not the family’s. The role is fiduciary, not personal. You bring the claim for the spouse and next of kin, and the money is theirs rather than yours. You do not have […]
Who Can File a Wrongful Death Lawsuit in Illinois?
Key Takeaways Only one person can file: the personal representative of the estate. Not the spouse, not the children, in their own names. But the money is not the estate’s. It is held for the exclusive benefit of the surviving spouse and next of kin. It is not split equally. The court divides it by […]
Do You Need an Autopsy for a Wrongful Death Case?
Key Takeaways No Illinois statute requires an autopsy to bring a wrongful death claim. Cause of death can be proved by medical records, treating physicians and expert opinion. But an autopsy is often the strongest single piece of evidence, and once burial or cremation happens the chance is usually gone. In many deaths you do […]