Joliet, IL asked in Wrongful Death for Illinois

Q: If my wife got injured due to another driver's negligence, can that guy's estate sue her for wrongful death?

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2 Lawyer Answers

Steve McCann

Answered
  • Chicago, IL
  • Licensed in Illinois

A: You wife can certainly be sued, but the estate's chances of recovery is very slim if your wife was not negligent. If your wife was not negligent, and still sustained injuries as the result of an accident, I suggest you consult with a personal injury attorney immediately to discuss her options moving forward in detail.

Many of us offer free consultations and will represent your wife on a contingent basis if her claims have merit, so it will not cost you anything to obtain the opinion and representation of an experienced professional who will work with your wife to add value to her claims.

Drew Ball and Charles Candiano agree with this answer

Charles Candiano

Answered
  • Chicago, IL
  • Licensed in Illinois

A: Anyone can sue anyone. If they do sue you, you MUST turn it over to your insurance, IMMEDIATELY. If the decedent is determined to have been the negligent driver, the estate CANNOT recover. In this case, your wife also needs to hire counsel, ASAP, to file a Counterclaim, working with your insurance attorney. Your insurance attorney MUST defend you, without cost. If your wife's injuries merit (and you have more coverage than the Defendant), you also need to place your own insurance on notice that you are filing an underinsured motorist (UM) claim.

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