What to Do After Losing a Loved One in a Fatal Car Accident

 Posted on April 28, 2025 in Car Accidents

There were 299,133 motor vehicle crashes in Illinois in 2023. Those accidents injured 96,419 people and killed 1,240. That means over three people lost their lives each day. We hope you never have to experience the devastation of losing a loved one in a car crash. However, it could happen, and you need to know what to do. Our determined Rockford, IL wrongful death attorneys can help you get justice by forcing the at-fault party to pay you the compensation you deserve.

What Can Cause Fatal Car Accidents?

Some crashes are unavoidable. For example, a deer can run onto the road directly in front of you, leaving you unable to avoid hitting it. An estimated 94 percent of accidents, however, are caused by negligent driver errors. Recognition errors, which include distractions, inattention, and inadequate surveillance, are the most common critical driver mistakes, accounting for 41 percent.

Driving too fast around a curve or for conditions, illegal maneuvers, misjudging another driver’s anticipated actions, and misjudging another vehicle’s speed and distance are decision errors, representing around 33 percent of driver errors. Performance errors like poor directional control and overcompensation account for 11 percent. Falling asleep is the most common non-performance error.

Losing a loved one to a collision with a deer is tragic. Knowing that the fatal accident was caused by another driver’s careless mistake is devastating because it probably could have been avoided.

What Should I Do If My Loved One Was Killed in a Car Crash?

When you realize your mom or other family member is gone, your grief and anger at the senselessness of the accident may overwhelm you. When emotions are heightened, it is incredibly challenging to make sound decisions. After her final arrangements have been made, the best thing you can do is call our office.

We have successfully handled many fatal car accident cases. We know what needs to be done and how to accomplish each task along the way toward you receiving maximum compensation for your various losses. With us as your partner, you can focus on adjusting to your loved one’s loss while we do the legal legwork necessary to hold the at-fault party accountable.

Determining Fault

Before you can pursue compensation, we need to investigate the fatal accident. The results of our investigation should reveal why it happened, who caused it, and who is liable for paying your wrongful death claim.

To aid our investigation, you should take videos or photos of the accident scene if you are present. You can also get contact information for any eyewitnesses, as their testimony can serve as evidence to support your claim.

You may have been in the vehicle when the fatal accident happened. Your mother may have been driving alone or with other passengers. She also could have been a passenger in someone else’s car, or even a pedestrian struck by a vehicle. Her status is important.

If she were driving or a pedestrian who violated pedestrian laws, she may have contributed to causing the collision. If so, the wrongful death damages will be reduced according to her percentage of fault. You still have the right to file a claim as long as her degree of fault is not over 50 percent in Illinois.

If your mom was a passenger, the driver of the car she was riding in may have been partially to blame. In that case, you may need to file claims against more than one party. We understand this can be very confusing to most people, but we know how to establish fault and liability.

Calculating Damages

If your mom’s injuries were not immediately fatal, she may have experienced a great deal of pain and mental anguish. The bills for the unsuccessful attempt to save her life are probably astronomical. Her car may have been totaled. If she had lived, she likely would have been able to file a personal injury claim for her damages. The right to file that claim survived her death and passed to her eligible survivors. A survival action addresses the losses your mom suffered after her accident and before her passing.

Immediate family members can also suffer various losses, such as companionship, guidance, support, inheritance, and other detrimental effects her death caused. You may also have been responsible for paying her funeral and burial expenses. A wrongful death action pays you for your losses.

Most people do not know what damages they are eligible to receive. If they do know, they might not understand how to calculate them accurately. We do. It is very important to know how much your case is worth because the liable insurers will almost certainly offer you a much lower sum. If you accept a low settlement offer, you cannot go back later to ask for more.

Fighting Insurance Companies

Sadly, you cannot trust any insurance company to care about your best interests. Instead, they routinely shortchange claims to retain more of their profits. Common tactics include:

• Making fast and intentionally low settlement offers
• Blaming victims for an unfair share of fault to reduce their liability
• Intimidating you
• Attempting to discredit you
• Denying valid claims

You have just lost your mom to a fatal car crash. The last thing you need is to deal with an insurer’s attempt to sabotage your claim. It takes skill and experience to overcome these and similar tactics. Your attorney refuses to be intimidated or let insurance companies take advantage of you.

We will build a solid case, gathering strong evidence to support your claim. We handle all communications with insurers on your behalf. We ensure that the fault is placed correctly. After calculating your total damages, we will negotiate to reach a favorable settlement amount. However, there is no guarantee that the insurer will cooperate. If necessary, we will not hesitate to file a civil lawsuit on your behalf and take your case to trial. Advocating for your best interests and maximizing your compensation are our primary goals, and we take our jobs very seriously.

Call Our Respected Winnebago County, IL Wrongful Death Lawyers Today

Dealing with the grief of losing your loved one in an avoidable car accident is overwhelming. At Mannarino & Brasfield, A Division of Schwartz Jambois, we understand that no amount of money could replace her. However, our aggressive Rockford, IL car accident attorneys can make the at-fault party pay, which can give you a sense of closure and justice being served. Call us today at 815-215-7561 or contact us online to arrange for your complimentary case review.