A two-year-old girl was killed in a car accident in the Far South Side neighborhood of Roseland when she was ejected from a vehicle that was trying to escape Chicago police. A 21-year-old man was taken into custody who was driving the car, a 1999 black Chrysler. The accident took place around 8:45 p.m. in the 10700 block of South Calumet Avenue. His car was racing down South Calumet Avenue when it collided with a 2002 white Acura going west on 107th Street. As a result of the collision, the Chrysler slammed into a tree, and the two-year-old Danyla Owens was ejected from the car. According to police she was not in a car seat.
Owens was transported to Roseland Hospital where she was declared dead from head injuries an hour later. She was from the West Pullman neighborhood of Chicago. The police reported that they tried to pull the Chrysler over on South Michigan Avenue, but the car instead sped up and blew through South Calumet Avenue prior to the crash. The police confiscated a weapon found in the vehicle after the accident and charges are pending. Four other people in two other vehicles were also injured as a result of the accident and expected to recover.
Illinois Wrongful Death
In Illinois, the loved ones of a victim involved in a fatal accident are allowed to file a lawsuit against those responsible for wrongful death. Wrongful death is defined as the wrongful act, neglect, or default of another person that, if the accident were not fatal, would have allowed the victim to sue for personal injury. Under Illinois law, a wrongful death claim must be filed by the personal representative of the victim’s estate. Typically, this is a spouse, parent of a minor child, or adult child of the deceased. There does not need to be a criminal case filed against the person responsible for the death in order to file a civil lawsuit for wrongful death. However, the lawsuit must be filed within the statute of limitations for the underlying type of case or within one year of the date of death. For personal injury cases that result in a fatality, the family of the victim has two years from the date of the accident to file a claim for damages.
Compensation for wrongful death in Illinois includes economic and noneconomic damages specifically for the benefit of the next of kin of the deceased. Damages include payment for grief, sorrow, mental suffering, final medical expenses, and the loss of care and companionship. To learn more about compensation for wrongful death claims, speak with an experienced personal injury attorney today.
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The loss of a loved one is always a difficult experience, but when that loss happens because of the negligent or reckless acts of another person, that person must be held accountable for their actions. Call the office or contact us today at Harvey L. Walner & Associates to speak with a Chicago wrongful death attorney about your claim.