Chicago Personal Injury Law Blog

A pedestrian struck by a car on July 28 at the intersection of Pearson and Miner in Des Plaines died this past Monday. He was hospitalized at Lutheran General Hospital since the accident.

When someone dies as a result of any accident, there are two bases of recovery. The first of these is the survival action, which is for the injuries that the decedent suffered prior to death, including damages for pain and suffering, disability, lost wages, and medical expenses. The other basis of recovery is the wrongful death action which is for the losses suffered by the next of kin as a result of the death, including losses for economic support and loss of society, which is essentially the loss of the family relationship. Also, due to recent amendments to the Illinois Wrongful Death Act, there is also a right to recover for the grief caused by the death.

Labels: Car crashes, wrongful death