Losing a loved one is never easy. When that loss is the result of a preventable accident, like a motor vehicle crash, it can be heartbreaking for the family. There is no way to adequately describe the grief and anger that comes from knowing that someone's negligence, intoxication or distraction cost the life of your loved one. Whether or not that other driver faces criminal charges, surviving family members should carefully consider the option for a wrongful death lawsuit.
When someone dies as the result of a wrongful act, neglect of default of another, Illinois law allows surviving family members to to seek damages from the person responsible for the death. While it's common to spend weeks or even months working through grief, don't put off considering this lawsuit for too long. Survivors usually only have one year from the date of death to file a wrongful death claim.