You may have heard about the recent out-of-state car accident tragedy that struck a family from Naperville last week. A husband, wife, and their two children lost their lives on an Indian road when the vehicle they were riding in lost control and veered off the roadway. Their driver survived the horrific crash; but a 45-year old man, his 39-year old spouse, their 10-year old daughter, and 6-year old son perished. It was the first time that the two children had visited India, the birthplace of their parents. There’s yet another sad aspect to this story. Because the fatal auto accident occurred in India, any surviving family members here in the state cannot hire an Illinois wrongful death attorney to pursue legal action against the driver and/or his employer. Even though the family’s home address was in Naperville, a wrongful death lawsuit cannot be filed in an Illinois court – because the out-of-state car accident took place in another country. In order to obtain relief, family members of the four victims would have to consult Indian law and follow the appropriate procedures for filing a legal claim. It is important to point out that had the family been living in India and died in an out-of-state auto accident while visiting Illinois, their surviving relatives could have engaged the services of an attorney to file a wrongful death lawsuit against those who were responsible for the crash. American residents from out of state or foreign nationals from other countries do have the right to file civil lawsuits in Illinois if they are victimized in a motor vehicle collision during their time in the Land of Lincoln. These lawsuits allow accident victims to recover damages for mental anguish and loss of care and companionship, as well as reimbursement for medical expenses and other costs incurred as a result of the accident (such as rebooked airline flights or missed time at work).