Chicago, IL personal injury attorney Ronald Kalish talks about whether or not someone’s claim dies with them when they die in a car accident.
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If a loved one of yours, a family member of yours is killed because of the negligence of someone else, you as the surviving family member or members have a claim for wrongful death damages. What that means is that if you are a spouse, if you are a child, and or if you are related as a sibling or a parent, the facts of the case depends on whether you can make a recovery. But just because a person dies in a crash does not mean that there cannot be a recovery. What you are recovery is is for the loss of the love, affection, companionship, support that that person provided to you.
And in Illinois, the law presumes that a spouse or a child suffers a substantial loss if a parent or a spouse is killed because of the negligence of someone else.