Chicago man dies in massive accident in Indiana

A tragic accident in Indiana took the life a Chicago man, bringing up legal questions of jurisdiction and venue.

2014-03-25

March 25, 2014 (Press-News.org) A tragic accident on I-94 in Indiana led to the death of three and injured dozens. The exact cause of the multicar pile-up is still under investigation. A report by a local ABC affiliate noted witnesses reported that the roadways were slick, with some areas of the highway having white-out conditions.

One victim of the accident was a resident of Chicago. A 66 year-old County Coroner for LaPorte was killed, along with his dog. Depending on the results of the investigation, his family will likely have a successful wrongful death claim against those responsible for the tragic accident.

Venue and Jurisdiction: What are these legal terms and how do they apply?

In order to file a lawsuit, it must be done in the right venue. The term venue is a legal one that essentially refers to the location of the court that a lawsuit will take place in. Laws govern the specific location a lawsuit can be filed. If the lawsuit is not filed in an appropriate location, it cannot move forward. When attempting to determine the right venue, jurisdictional issues may also be reviewed.

In this instance, questions may arise since the accident occurred in Indiana. In order to have jurisdiction over a defendant, the defendant must have some form of contact within the state. If an individual wanted to move forward with a suit against an out of state defendant in Illinois, he or she would have to establish one of the following:
- Serve notice of the suit while the defendant is physically present in Illinois.
- Establish the defendant either does business in the state or is domiciled there. Domicile is a legal term that essentially refers to the state a person lives in.
- The defendant agrees to move forward with the suit in the chosen location.
- Defendant meets the minimum contacts requirement with the state in question. This applies if the court determines a defendant has enough interaction with the state to satisfy personal jurisdiction requirements.

The location of a suit against a responsible party in the accident above will depend on whether or not the defendant meets the personal jurisdiction requirements for Illinois.

Wrongful death law in Illinois, how will it apply to this case?

Illinois state law provides that when a person is killed due to the wrongful act or negligence of another, any surviving relatives can pursue a claim against the responsible party. Such a claim is referred to as a wrongful death claim. Illinois allows for the issuance of damages to compensate for monetary loss resulting from the death in addition to compensation for grief, sorrow and mental suffering to surviving spouse and dependents.

Filing a wrongful death suit must be done in a timely manner. State law requires the suit be filed within two years of the tragic event.

It is also important to note that most states have similar statutes governing wrongful death suits. As a result, if a case needs to move forward in a different state due to jurisdictional issues a wrongful death statute for that state will likely apply.

Legal counsel can help

If you or a loved one experienced the loss of family member in a tragic accident, contact an experienced Illinois wrongful death claims attorney. This legal professional can help guide you through the process and better ensure a successful outcome.

Article provided by The Healy Law Firm
Visit us at www.healylawfirm.com

ELSE PRESS RELEASES FROM THIS DATE:

How does the Kaley case affect the seizure of assets before trial?

2014-03-25

Undergoing a criminal investigation and grand jury indictment is even more complicated when bank accounts are frozen. How do you pay for an attorney to defend against the charges supporting the government seizure? This is exactly the question that the U.S. Supreme Court addressed in a recent case. Brian and Kerri Kaley were indicted by a grand jury for an alleged plot to steal and re-sell medical devices. Based on the indictment, the federal government obtained a restraining order freezing their assets. This left the couple without any money to hire a criminal defense ...

Study finds that no amount of alcohol is safe for drivers

2014-03-25

When you think about dangerous drunk drivers, you likely think of drivers with a high blood alcohol level, weaving in and out of their lanes. Although such drivers certainly pose a significant danger to other motorists, a recent study has found that even drivers with a very low blood alcohol level can significantly increase the risk of a fatal car accident. The study was conducted by researchers from the University of California, San Diego and recently published in the journal Injury Prevention. During the study, researchers examined 570,731 fatal car accidents occurring ...

Energy companies in Texas may be affected by recent jury decision

2014-03-25

A decision rendered by a jury in a lawsuit between pipeline companies in Houston and Dallas earlier this month has energy companies in the state reevaluating the way they do business. Business executives across the state are making changes to their public behavior in light of the $319 million verdict, a price tag that may later include additional amounts of restitution. Briefly explained, representatives from Energy Transfer Partners (ETP) out of Dallas and Houston-based Enterprise Products Partners (Enterprise) were jointly seeking a business opportunity that involved ...

Citi Bike accident leads to lawsuit

2014-03-25

No matter where you are, riding a bike in an urban environment can be dangerous, even for experienced riders. When the Citi Bike bike sharing program was first introduced in New York City, many expressed concerns that it would lead to a large number of serious bike accidents throughout the city. While those fears have yet to materialize, one Connecticut man has filed suit after a bike accident involving a Citi Bike left him severely injured. In October of last year, 73-year-old Ronald Corwin was involved in a serious bike accident at the corner of East 56th Street and ...

Understanding rape laws and penalties in Texas

2014-03-25

In Texas, there are multiple defined sex crimes. Each of these crimes has its own unique associated set of potential penalties. Examples of sex crimes in Texas include the possession and distribution of child pornography, prostitution, Internet sex crimes and more. Rape is one form of sex crime that has different charges that can be levied against a defendant. Many things can affect which charge is decided upon. The age of the involved parties, for example, can affect the outcome of such an allegation. How widespread is rape in Texas? Texas state records for 2012 ...

Who took advantage of the offshore account "safe harbor" program?

2014-03-25

Congress has been on the hunt for undisclosed offshore accounts for several years now. The latest news comes in a report from the U.S. Government Accountability Office titled "IRS's Offshore Voluntary Disclosure Program: 2009 Participation by State and Location of Foreign Bank Accounts." While it is not against the law to hold a foreign bank account, the account must be disclosed. Any profits are subject to U.S. taxes. Depending on several factors one or two forms may need to be filed. U.S. persons - U.S. citizens, U.S. residents and entities, such as corporations ...

Businesses in California face numerous tax changes in 2014

2014-03-25

On a quarterly basis, the California Board of Equalization publishes a list of those companies in the state who have the largest tax delinquencies in an attempt to shame them into paying what they owe. This month, two Long Beach businesses made the top 500 list, owing nearly $1.4 million combined in back taxes. Since the Board of Equalization began publishing their lists, many California businesses are attempting to settle their accounts but the state has a long way to go to collect the nearly $515 million owed. The California lists do not mention the tax debt problems ...

New Yorkers Could Soon Face Even More Severe DUI Laws

2014-03-25

Many adults who live in New York City enjoy unwinding with a drink or two after a hard day or long week. Most New Yorkers also know that it's incredibly important to be careful when doing so, since the penalties for being caught drinking and driving are very steep. Unfortunately, based on Governor Andrew Cuomo's recent State of the State address, it appears that the consequences may soon become even more severe for those drivers who make a misjudgment and wind up facing DUI charges. Overview Of Proposed New Changes New York laws on driving under the influence are ...

Handling a child's higher education expenses in a Massachusetts divorce

2014-03-25

Massachusetts contains some of the nation's premier institutions of higher education -- and some of its most expensive. Many parents begin saving for a child's education soon after the child's birth. A divorce can throw a wrinkle into any savings plan, however. The states vary on their treatment of child support payments after graduating from high school. In Massachusetts, the law allows a family court judge to order a parent to pay child support even after a child reaches the age of 18, so long as the child is still "principally dependent" on the parent who receives the ...

Using social media can put your personal injury claim at risk

2014-03-25

These days, it is natural for people to use social media when they have something interesting to share or something frustrating to vent about. After a stressful life event like a serious car accident, many people have an urge to take to Facebook, Twitter and other social media sites to tell people about the accident and keep their friends and family informed of their progress. In reality, though, using social media when you are pursuing a personal injury claim can be an incredibly dangerous proposition. It is not at all uncommon for insurance companies to access accident ...

LAST 30 PRESS RELEASES:

New way to find “aged” cells marks fresh approach for research into ageing

From blood sugar to brain relief: GLP-1 therapy slashes migraine frequency

Variability in heart rate during sleep may reveal early signs of stroke, depression or cognitive dysfunction, new study shows

New method to study catalysts could lead to better batteries

Current Molecular Pharmacology impact factor rises to 2.9, achieving Q2 ranking in the Pharmacology & Pharmacy category in 2024 JCR

Stable cooling fostered life, rapid warming brought death: scientists use high-resolution fusuline data reveal evolutionary responses to cooling and warming