Recently, the Illinois State Police have started observing how normal, everyday commuter traffic behaves around semi trucks, and also how other trucks operate on the interstate. When a trucking accident occurs, the amount of resources involved in such a disaster can be quite large. If a passenger vehicle is struck by or collides with a semi-trailer, the weight differential can be over 40,000 pounds and lead to serious injuries for all involved.
If you or a loved one has been in an accident involving a trucking company, semi-trailer, semi, semi-truck, big rig, or other large freight moving vehicle, you need an experienced attorney to piece together the facts of your case in order to achieve the recovery you deserve. Not only do we have experience utilizing a qualified expert crash reconstructionist, but we also have access to a variety of health professionals who can help present your claim, your recovery, or your case to achieve that recovery you need to get back to normal.
When cases such as this turn fatal, the stakes grow even higher. This is especially true when a possible wrongful death claim is made. Attorney Paul Marriett lost a family member to an interstate trucking disaster when a U-joint (i.e., what connects a drive shaft to a truck differential) broke off on the interstate and went through the windshield of a vehicle traveling behind the truck. Accidents like this occur on interstate roadways from these vehicles, and the impacts of such accidents can be felt for decades and longer when a family member or other loved one is suddenly taken due to a catastrophic accident.
Losing a loved one in an accidental death can cause emotional pain and suffering, as well as extreme financial hardship for a family. The emotional burden of the loss can make it very difficult to move forward and deal with the aftermath. You need trusted legal guidance from a knowledgeable Rockford attorney who understands the ordeal that you and your family are experiencing.
Who May Bring Suit?
Illinois law also specifies who can file a wrongful death lawsuit and when they are able to do so. The Illinois Wrongful Death Act (740 ILCS 180/1) states that living spouses and next of kin may recover compensation for the wrongful death of their loved one.
What Compensation Am I Entitled To?
The Illinois Wrongful Death Act provides that jurors “may give such damages as they shall deem fair and just compensation with reference to the pecuniary injuries resulting from such a death, including damages for grief, sorrow, and mental suffering, to the spouse and next of kin of such deceased person” (740 ILCS 180/2). If proceeds are to be divided amongst multiple family members, the court will conduct a hearing to discover the degree to which each family member was dependent on the decedent.
How Soon Must A Lawsuit Be Filed?
Pursuant to the Illinois Wrongful Death Act, suit must be commenced within two years following death. If a surviving child is under 18 years of age at the time of the decedent’s death, the two-year period does not begin until the child turns 18 years old, however suit may only be brought one time.
Illinois Time Limits on Filing Suit
Illinois sets a time limit of two years to file a personal injury lawsuit in the state’s civil court system. In most cases, this two-year time limit, known as a “statute of limitations,” begins to run on the date of the accident. Sometimes, however, a statute of limitations might run from the date that you discovered you were injured, rather than the date of the event that injured you. This later date is known as a “discovery date.”
For injury claims against a city or county, you have one year to file a lawsuit. The time limit to sue the state is generally two years, but you must file a formal claim within one year in order to sue.
A qualified personal injury attorney can help guide you through this difficult time and alleviate some of the stress.
Contact a Lawyer You Can Trust
For a confidential, compassionate, in-depth, free, and, most importantly, thorough consultation with a Rockford Personal Injury Lawyer about your semi-related auto accident injury case in Rockford, Belvidere, Freeport, Rochelle, Oregon, Loves Park, Byron, Machesney Park, Roscoe, Rockton, or elsewhere in the State of Illinois, call or text message us at (815) 391-0089, or e-mail us 24/7/365. We offer in-office consultations, and routinely make visits to clients’ homes, hospital rooms, nursing homes, and other off-site locations to make retaining our services as easy as possible.