What Should You Do If a Loved One Dies After a Catastrophic Car Accident?

Losing a loved one in a car accident is an incredibly painful and overwhelming experience. While dealing with unimaginable grief, family members also have to make urgent decisions regarding final arrangements, medical records, crash investigations, and legal options. Although nothing can undo the loss you’ve gone through, there are certain things you should do after a loved one dies in a catastrophic accident. Cooperating with law enforcement, securing a death certificate, and making final arrangements are all crucial steps.

If the accident was a result of another person’s negligence, surviving family members may be owed compensation from the at-fault party. We know it’s hard to think about taking legal action while processing loss, but exploring your options early may allow you to keep your options open. Call Gainsberg Injury and Accident Lawyers to schedule a consultation with a wrongful death attorney.

Immediate steps to take after a fatal car accident

The hours and days immediately following a fatal accident may feel chaotic. Many things may happen at once or overlap during this period. During this time, we recommend that you focus on the following steps:

1. Request the death certificate.
2. Preserve evidence related to the crash; do this as early as possible to prevent loss of evidence.
3. Avoid speaking with insurers before seeking legal guidance.
4. Speak with a wrongful death attorney.

After a fatal accident, you’ll likely be notified by law enforcement or hospital staff. You’ll receive official confirmation of their passing from a medical professional or the Cook County Medical Examiner’s Office if you are in Chicago or suburban Cook County. Depending on the circumstances of the accident, an autopsy may also happen at this time.

Fatal crashes are typically investigated by law enforcement. The investigation may involve talking to drivers and witnesses, gathering evidence from the crash scene, looking at vehicle damage, and conducting toxicology testing if they suspect impairment. This information may become part of an investigation file or the police report, both of which may be important to your wrongful death claim.

You should secure copies of the death certificate as early as you can. Requests may be submitted to the Illinois Department of Public Health or your local county clerk’s office—if you’re in Chicago, that would be the Cook County Clerk’s office. You may need to prove that you are a family member or have a valid reason for requesting a copy of the death certificate. A death certificate is often required as part of administering the estate and accessing financial accounts.

What you should know about wrongful death claims after a fatal crash

When a fatal accident is caused by someone else’s negligence, Illinois law allows surviving family members to pursue a wrongful death claim. Surviving family members can seek compensation for the losses they’ve suffered because of their loved one’s preventable death.

Proving negligence is an important part of any wrongful death claim. Some fatal car accidents are the result of distracted driving, impaired driving, speeding, aggressive driving or road rage, or fatigued driving. If you can demonstrate that the at-fault party’s negligent choices led to your loved one’s death, they may be legally responsible for damages.

Under Illinois law, the personal representative of the decedent’s estate can file a wrongful death lawsuit. Compensation recovered from a wrongful death lawsuit is awarded to the decedent’s spouse and next of kin.

You may also want to discuss a claim under the Survival Act with your attorney. While a wrongful death claim addresses the losses of the family, this type of claim addresses the damages that the decedent could have recovered if they had survived.

What evidence should you preserve after a fatal accident?

Evidence is an important part of any civil case, and it is particularly crucial in a wrongful death claim. A wrongful death claim doesn’t have input or insight from the victim, so other types of evidence must be used to reconstruct what happened, demonstrate negligence, and link the accident to your loved one’s death.

Important forms of evidence include:

• Police and accident reports, which may include diagrams of the crash scene, statements from involved parties, and information regarding any citations issued.
• Witness statements from drivers, passengers, and anyone else at or near the scene.
• Physical evidence, including vehicle damage patterns, photos, and video footage of the scene, and black box data.
• Medical records and autopsy reports, which establish the cause of death and link the injuries to the accident.

Why do fatal car accidents often require investigation?

Fatal car accidents often require a full investigation because liability may not be immediately clear. While this investigation can be painful for family members who are waiting for answers, the evidence obtained during an investigation may ultimately prove helpful to your wrongful death claim.

One goal of a fatal crash investigation is to determine fault. While fault often rests with one or both drivers, it may be more complex than that. For example, if the at-fault driver was working at the time of the collision, their employer may be liable. Other potentially liable parties include trucking companies, vehicle manufacturers, and government entities that fail to maintain roads and road signs.

How long do I have to file a wrongful death claim in Illinois?

In limited circumstances involving intentional misconduct, different statutes of limitations may apply depending on the underlying claim, but most wrongful death claims arising from car accidents are subject to a two-year deadline.

If you do not file a lawsuit before the two-year window closes, you may permanently lose your right to hold the other party accountable.

Coping with the financial impact of a fatal collision

A wrongful death claim can never fairly compensate you for the emotional losses you’ve sustained, but it may provide some relief from the financial pressures that come with an unexpected death. Funeral expenses, a loss of household income, medical bills incurred prior to death, and ongoing financial obligations may be alleviated by a successful wrongful death claim.

Navigate this challenging time with Gainsberg Injury and Accident Lawyers

When a wrongful death leaves you with unanswered questions, talking to an attorney may give you the clarity you need. Find out how we can help you preserve evidence and protect your family’s rights. Connect with our team online to discuss your case with a wrongful death attorney.