In Illinois, the first full week of a new year often has a “brass tacks” feel. The holiday season is over, families have put away their Christmas decorations, and people are returning to work and school with the aim of getting back to their normal routines. But unfortunately for one man in Kane County, this week was over before it began.
About 9am Monday morning, a 45-year old St. Charles man was driving a 2005 Ford Expedition north on Illinois Route 25 in Batavia, where it’s known as River Road. After the sport utility vehicle had passed Fox Valley Country Club, it tried to negotiate a curve near Banbury Road when the driver lost control and spun into southbound traffic. It then struck a 2005 Honda Accord, left the highway, and rolled over onto its roof. The man had to be extricated from the vehicle and was pronounced dead on the scene, while the 60-year old Batavia woman behind the wheel of the Honda had to be transported to a nearby hospital.
The death of the SUV is certainly a tragedy. However, the injured woman is still recovering from the pain she received from the rollover accident, and she may also be left with thousands of dollars in medical costs as well. That’s why the Batavia woman has solid grounds to file a personal injury lawsuit against the estate of the St. Charles man. Such a lawsuit could help her get reimbursed for her medical expenses and compensated for any work she may have missed due to the Illinois auto accident. She might also be entitled to damages for pain and suffering and loss of care or companionship.
It may seem insensitive to pursue legal action against the deceased person’s estate. But the reality is: since his actions caused the wreck, the woman is having to undergo hardship in her life that would not have been present had the crash never occurred.