Does Fault Affect a Wrongful Death Claim in Chicago?

When your family member or loved one passes away in a tragic accident, you may decide to file a wrongful death claim against the party who caused their death. You can seek compensation to cover funeral and burial costs, loss of companionship, loss of benefits, loss of income, and more.

In order for a wrongful death claim to be successful, you must be able to prove that the accident that killed your loved one was caused by another person or party’s negligence or wrongdoing. Therefore, if you think that there is a possibility that your deceased loved one was partially at fault for the accident, things can quickly become a little tricky, and the wrongful death claim can be affected.

 Modified comparative fault

Chicago has a modified comparative fault system. This means that there is a chance that the deceased individual can share fault for the accident that caused their death. If this is the case, it is important to know that you can still file a claim and seek compensation for your damages, but the damages that you are awarded will be reduced by the percentage of fault the deceased individual had in the accident. For example, if your family member was involved in a deadly car crash on the hectic Stony Island Avenue and it is determined that they were 30 percent at fault because they failed to make a proper lane change, the compensation you receive to cover your losses will be reduced by 30 percent.

What if it is determined that my loved one was more than 50 percent at fault for the deadly accident?

If your loved one is at fault, the survivors in the accident will most likely seek compensation for their losses as well. However, it is crucial to know that when it comes to Chicago’s comparative fault system, you cannot seek compensation if you are more than 50 percent at fault. Therefore, if it is determined that your loved one was 51 percent or more at fault, you cannot file a wrongful death claim and seek compensation for your losses. On the other hand, if the survivors are found to be more than 50 percent at fault, they cannot file a claim and seek compensation.

What are some examples of shared fault in a wrongful death claim?

When you file a wrongful death claim, you should expect the other party to put up a strong fight and try to place some of the blame on your loved one. A few examples of shared fault that may be brought up include:

• Your loved one was speeding.
• Your loved one got behind the wheel after having alcoholic beverages.
• Your loved one was texting, talking on the phone, or scrolling social media while driving.
• Your loved one was not wearing a seatbelt, which contributed to their death.
• Your loved one walked across the intersection after the pedestrian countdown had already ended.
• Your loved one did not remain in the bike lane when traveling next to cars.
• Your loved one was not wearing a motorcycle helmet at the time of the crash, which could have prevented their fatal head injury.

How do I prove that my deceased family member was not at fault?

In a wrongful death claim, you need to prove that the other party’s negligence or wrongdoing caused the deadly accident. If it is determined that your family member played a role in the accident, you must be able to prove that they contributed less than 50 percent. It can be difficult to do this because your deceased family member is not here to testify to their experience and what happened during the incident. However, by following these five essential steps, you may be able to prove that your family member was not at fault for the accident:

1. Hiring a Chicago wrongful death lawyer: The first step you must take is to hire a Chicago wrongful death lawyer. They will listen to the facts of your case, conduct their own investigation into what happened, and develop a clear strategy on how to prove that your deceased family member was not at fault. Wrongful death claims can be difficult and challenging when the survivors are trying to put some of the fault on your loved one. However, with the help of a professional attorney, you can increase your chances of obtaining justice and compensation to cover your losses.
2. Gathering evidence: After hiring a wrongful death attorney, they will likely recommend that you begin gathering evidence that shows that the other party was at fault for the accident. Some of the most common types of evidence that loved ones of deceased victims gather to support their arguments are medical records, accident reports, photographs, surveillance footage, eyewitness statements, and expert witness testimonies.
3. Establishing causation: It is essential to show that there is a direct connection between the at-fault party’s behavior and the death of your family member. In order to do this, you will need to provide some type of evidence that shows that the defendant’s negligent actions caused your family member’s deadly accident.
4. Showing that a duty of care was breached: You must also be able to prove that the at-fault individual had a duty of care toward your deceased family member, which they failed to uphold. For example, if it was a car accident, they had a duty to keep your family member safe and harm-free while sharing the roads with them, and if it was a product liability accident, they had a duty to create and sell safe products to customers.
5. Putting the spotlight on the at-fault party’s record: Lastly, you should try to find the at-fault party’s record and use it to your advantage. For example, if a driver caused your family member’s deadly accident, you may be able to find that they have a horrible driving record with many violations, citations, and accidents on it. You can use this record to show that this is not their first time acting carelessly and recklessly, which could help you prove fault in the crash.

The Chicago wrongful death attorneys at Gainsberg Injury and Accident Lawyers have the experience, skills, and knowledge to fight for the maximum compensation you deserve for the loss of your loved one. Our team knows and understands how traumatic and devastating these cases can be, which is why we are committed to guiding you through the entire legal process and helping you stand up and advocate for your loved one’s justice. Even if the defendant tries to blame your deceased loved one for the accident, they must be able to successfully prove it and go up against our aggressive lawyers. Please call our office or complete our contact form to begin discussing your wrongful death claim at our office today.